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RUSSELL v. STATE

1080426.

51 So.3d 1026 (2010)

E. Wayne RUSSELL, Jr. v. STATE of Alabama and City of Auburn.

Supreme Court of Alabama.

June 25, 2010.

Attorney(s) appearing for the Case

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

Monica E. Jayroe and Jarred E. Kaplan , of Nix Holtsford Gilliland Higgins & Hitson, P.C., Montgomery, for appellee the State of Alabama.

SHAW, Justice.

E. Wayne Russell, Jr., appeals from the Lee Circuit Court's order denying an award of litigation expenses following the dismissal of the underlying eminent-domain action in which the State of Alabama sought to condemn a portion of Russell's property in Lee County on behalf of the City of Auburn ("the City"). The sole issue raised by Russell on appeal is whether the Lee Circuit Court erred in failing to award litigation expenses, which, Russell maintains...

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