COLLEY v. WOOD

2101095.

99 So.3d 334 (2012)

William Eric COLLEY v. Martha WOOD et al.

Court of Civil Appeals of Alabama.

June 15, 2012.


Attorney(s) appearing for the Case

W.N. Watson of Watson & Watson, P.C., Fort Payne, for appellant.

Patrick O. Miller of Dick & Miller, P.C., Huntsville, for appellees.


PITTMAN, Judge.

William Eric Colley appeals from a summary judgment entered by the DeKalb Circuit Court that declared "valid and enforceable" a restriction appearing on a recorded plat of the L.S. and Novie Jane Barton Subdivision ("the subdivision") stating that "[t]his land will not be and can not be further divided into parcels of less than five acres until such lots have access to a public sewer system." We reverse and remand.

The civil action in which...

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