EX PARTE STATE

1050299.

988 So.2d 1015 (2007)

Ex parte State of Alabama. (In re James Craig BOUTWELL v. STATE of Alabama).

Supreme Court of Alabama.

Rehearing Denied January 11, 2008.


Attorney(s) appearing for the Case

Francis M. James III, Andalusia, for petitioner the State Department of Transportation.

Ronald W. Penn, Opp, for respondent.

Mark John Christensen, Andalusia; and Sherrie R. Phillips, president of the Alabama Probate Judges' Association, Andalusia, for amicus curiae Alabama Probate Judges' Association, in support of the petitioner.


On Application for Rehearing

PER CURIAM.

This Court's opinion of September 8, 2006, is withdrawn, and the following is substituted therefor.

The State has petitioned for certiorari review of a decision of the Court of Civil Appeals reversing the circuit court's dismissal of James Craig Boutwell's appeal in a condemnation proceeding. We affirm the judgment of the Court of Civil Appeals, but we do...

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