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JEFFERSON COUNTY BD. v. BIRMINGHAM HIDE

1080847.

38 So.3d 714 (2009)

JEFFERSON COUNTY BOARD OF HEALTH v. BIRMINGHAM HIDE & TALLOW COMPANY, INC.

Supreme Court of Alabama.

Rehearing Denied November 13, 2009.

Attorney(s) appearing for the Case

David S. Maxey, James E. Ferguson, and Wade C. Merritt of Spain & Gillon, LLC, Birmingham, for appellant.

James S. Ward of Ward & Wilson, L.L.C., Birmingham, for appellee.

WOODALL, Justice.

The Jefferson County Board of Health ("the Board") appeals from the trial court's order granting a postjudgment motion filed by Birmingham Hide & Tallow Company, Inc. ("BHT"). We reverse and remand.

This dispute began when the Board received complaints concerning odors emanating from BHT's meat-rendering plant. On February 2, 2007, the Board sued BHT in the Jefferson Circuit Court, Bessemer Division...

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