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DYESS v. BAY JOHN DEVELOPERS II, L.L.C.

2050857.

13 So.3d 390 (2007)

Wayne DYESS et al. v. BAY JOHN DEVELOPERS II, L.L.C.

Court of Civil Appeals of Alabama.

December 21, 2007.

Attorney(s) appearing for the Case

Frank E. Bankston, Jr., of Webb & Eley, P.C., Montgomery, for appellants.

Daniel G. Blackburn and Cynthia J. Sherman of Blackburn & Conner, P.C., Bay Minette; and Jule R. Herbert, Jr., of Herbert & Harrell, L.L.C., Gulf Shores, for appellee.

On Application for Rehearing.

PITTMAN, Judge.

This court's opinion of May 25, 2007, is withdrawn, and the following is substituted therefor.

The director of the Baldwin County Planning and Zoning Department, Wayne Dyess; the Baldwin County Planning and Zoning Commission; and the Baldwin County Commission (jointly, "the defendants") appeal from a summary judgment entered in an action brought in the Baldwin Circuit Court by Bay John Developers...

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