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SURTEES v. CARLTON COVE, INC.

2041091, 2050063 and 2050261.

974 So.2d 1013 (2007)

G. Thomas SURTEES, in his official capacity as commissioner of revenue for the State of Alabama v. CARLTON COVE, INC., and Redstone Military Retirement Residence Association. Fran Hamilton, in her official capacity as tax assessor of Madison County v. Carlton Cove, Inc., and Redstone Military Retirement Residence Association. Fran Hamilton, in her official capacity as tax assessor of Madison County v. Carlton Cove, Inc., and Redstone Military Retirement Residence Association.

Court of Civil Appeals of Alabama.

Certiorari Denied June 15, 2007.

Attorney(s) appearing for the Case

Henry C. Chappell, chief counsel, Department of Revenue, for appellant G. Thomas Surtees, as commissioner of revenue for the State of Alabama.

Julian D. Butler and Richard L. Morris of Sirote & Permutt, P.C., Huntsville, for appellant Fran Hamilton, in her official capacity as tax assessor of Madison County.

Tony G. Miller, Peter S. Fruin, and Hardwick C. Walthall of Maynard Cooper & Gale, P.C., Birmingham, for appellee Carlton Cove, Inc.

Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery, and Thomas R. Robinson of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee Redstone Military Retirement Residence Association.

Alabama Supreme Court 1060662.

MURDOCK, Judge.

G. Thomas Surtees, in his official capacity as commissioner of revenue for the State of Alabama, and Fran Hamilton, in her official capacity as tax assessor of Madison County (referred to hereinafter collectively as the "taxing authorities"), appeal from a summary judgment entered by the Montgomery Circuit Court in favor of Carlton Cove, Inc. ("Carlton"), and Redstone Military Retirement Residence Association...

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