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EX PARTE BALDWIN COUNTY PLANNING AND ZONING

1091042.

68 So.3d 133 (2010)

Ex parte BALDWIN COUNTY PLANNING AND ZONING COMMISSION. (In re Baldwin County Planning and Zoning Commission v. Montrose Ecor Rouge, L.L.C. and Montrose Ecor Rouge, L.L.C. v. Baldwin County Planning and Zoning Commission).

Supreme Court of Alabama.

Rehearing Denied January 14, 2011.

Attorney(s) appearing for the Case

J. Scott Barnet and E. Erich Bergdolt , Baldwin County Legal Department, Bay Minette; and Kendrick E. Webb , Frank E. Bankston, Jr. , and Fred L. Clements, Jr. , of Webb & Eley, P.C., Montgomery, for petitioner.

Daniel G. Blackburn and Rebecca A. Gaines of Blackburn & Conner, P.C., Bay Minette, for respondent.

WOODALL, Justice.

The Baldwin County Planning and Zoning Commission ("the Commission") sought certiorari review of an opinion of the Court of Civil Appeals, upholding the trial court's issuance of a writ of mandamus sought by Montrose Ecor Rouge, L.L.C. ("Montrose"), to compel the Commission to grant Montrose's application for a proposed residential subdivision. We reverse and remand.

I. Factual and Procedural Background

Montrose owns a 7...

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