SLABY v. MOUNTAIN RIVER ESTATES RESIDENTIAL

2100498.

100 So.3d 569 (2012)

Mark SLABY and Maria Slaby v. MOUNTAIN RIVER ESTATES RESIDENTIAL ASSOCIATION, INC.

Court of Civil Appeals of Alabama.

Certiorari Denied August 10, 2012 Alabama Supreme Court 1110881.


Attorney(s) appearing for the Case

M. Virginia Buck , Northport, for appellants.

J. David Dodd of Scruggs, Dodd & Dodd Attorneys, P.A., Fort Payne, for appellee.


On Application for Rehearing

MOORE, Judge.

This court's opinion of October 7, 2011, is withdrawn, and the following is substituted therefor.

Mark Slaby and his wife, Maria Slaby, appeal from a judgment of the DeKalb Circuit Court ("the trial court") enjoining the Slabys from the short-term rental of their property, a lot on which a cabin is situated, based on its determination that short-term rentals are prohibited by a restrictive covenant...

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