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CITY OF MONTGOMERY v. TOWN OF PIKE ROAD

1071690.

35 So.3d 575 (2009)

CITY OF MONTGOMERY v. TOWN OF PIKE ROAD and Gordon Stone, in his official capacity as mayor of the Town of Pike Road.

Supreme Court of Alabama.

Rehearing Denied October 16, 2009.

Attorney(s) appearing for the Case

Joe Espy III and J. Flyn Mozingo of Melton, Espy & Williams, PC, Montgomery; and Walter R. Byars and Kimberly O. Fehl, City of Montgomery Legal Department, for appellant.

J. Doyle Fuller and Susan G. Copeland of Law Office of J. Doyle Fuller, P.C., Montgomery, for appellees.

MURDOCK, Justice.

The City of Montgomery ("the City") appeals from a summary judgment in favor of the Town of Pike Road ("the Town"), a municipal corporation in Montgomery County, and Gordon Stone, in his official capacity as mayor of the Town, in an action challenging the Town's right to annex three parcels of land in Montgomery County. We reverse and remand.

I. Factual Background

In 2007, Montgomery County ("the County") and the Montgomery...

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