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WATER WORKS AND SEWER BD. v. ILI

1070030.

31 So.3d 686 (2009)

The WATER WORKS AND SEWER BOARD OF THE CITY OF BIRMINGHAM v. INLAND LAKE INVESTMENTS, LLC.

Supreme Court of Alabama.

August 28, 2009.

Attorney(s) appearing for the Case

K. Mark Parnell and Mary H. Thompson of Waldrep Stewart & Kendrick, LLC, Birmingham, for appellant.

J. Stanton Glasscox, Birmingham; and Edwin Schwartz, Atlanta, Georgia, for appellee.

MURDOCK, Justice.

The Water Works and Sewer Board of the City of Birmingham ("the Board") appeals from the denial of its motion seeking a preliminary injunction against Inland Lake Investments, LLC ("ILI"), concerning ILI's development of property near Inland Lake. We reverse and remand.

I. Facts and Procedural History

The Board provides drinking water to residents of Jefferson, Shelby, Walker, Blount, and St. Clair Counties. It owns property...

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