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HILLCREST, LTD. v. CITY OF MOBILE

2090532.

76 So.3d 252 (2010)

HILLCREST, LTD. v. CITY OF MOBILE.

Court of Civil Appeals of Alabama.

Opinion Overruling Rehearing March 25, 2011.

Certiorari Denied June 24, 2011 Alabama Supreme Court 1100780.

Attorney(s) appearing for the Case

Bryan G. Duhé , Mobile, for appellant.

K. Paul Carbo, Jr. , of The Atchison Firm, P.C., Mobile, for appellee.

PITTMAN, Judge.

This appeal, transferred to this court by the Alabama Supreme Court pursuant to § 12-2-7(6), Ala.Code 1975, concerns the res judicata effect of a judgment condemning a portion of a tract of real property upon a subsequent civil action in tort alleging damage to the remainder of the tract.

In 2003, Hillcrest, Ltd. ("the partnership"), sued the City of Mobile ("the City") and a number of fictitiously named defendants in the Mobile Circuit...

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