CITY OF HUNTSVILLE v. STOVE HOUSE 5, INC.

1070353.

3 So.3d 186 (2008)

CITY OF HUNTSVILLE v. STOVE HOUSE 5, INC.

Supreme Court of Alabama.

Rehearing Denied August 15, 2008.


Attorney(s) appearing for the Case

Michael L. Fees, C. Gregory Burgess, and Nori D. Horton of Fees & Burgess, P.C., Huntsville, fro appellant.

Gary P. Wolfe of Wolfe, Jones, Boswell, Wolfe, Hancock & Daniel, L.L.C., Huntsville, for appellee.

Kenneth Smith, gen. counsel, Alabama League of Municipalitites, Montgomery, amicus curiae Alabama League of Municipalities, in support of the appellant.


LYONS, Justice.

The City of Huntsville ("Huntsville"), the plaintiff in a declaratory-judgment action, appeals from a summary judgment in favor of Stove House 5, Inc. ("Stove House"). We affirm.

I. Facts and Procedural History

Huntsville experienced significant economic growth and geographic expansion in the 1950s. In 1956 the Alabama Legislature passed Act No. 86, the stated purpose of which was ...

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