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NEW GOURMET CONCEPTS, INC. v. SIEDO INVESTMENTS CO., L.L.C.

1060442 and 1060473.

988 So.2d 961 (2007)

NEW GOURMET CONCEPTS, INC. v. SIEDO INVESTMENTS COMPANY, L.L.C., et al. Eric, Inc. v. Siedo Investments Company, L.L.C., et al.

Supreme Court of Alabama.

Rehearing Applications Denied January 18, 2008.

Attorney(s) appearing for the Case

Albert L. Jordan and Stephen P. Leara of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for appellant New Gourmet Concepts, Inc.

L. Vastine Stabler, Jr., Birmingham, for appellant Eric, Inc.

Eddie Leitman and Christopher R. Hood of Leitman, Siegal & Payne, P.C., Birmingham, for appellee Siedo Investments Company, L.L.C.

STUART, Justice.

In 2005, the Board of Trustees of the University of Alabama at Birmingham ("UAB") used the power of eminent domain to acquire a parcel of real estate bordering UAB's campus ("the subject property"), which was then owned by Siedo Investments Company, L.L.C. At the time the subject property was condemned, BSD Foods, Ltd. ("BSD"), was leasing the subject property from Siedo; it, in turn, had subleased portions of the subject property to New Gourmet Concepts...

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