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TOWN OF GURLEY v. M & N MATERIALS, INC.

1110439 and 1110507.

143 So.3d 1 (2012)

TOWN OF GURLEY v. M & N MATERIALS, INC. M & N Materials, Inc. v. Stan Simpson, individually and as mayor of the Town of Gurley, and Town of Gurley.

Supreme Court of Alabama.

Opinion Modified and Special Writings Issued on Denial of Rehearing September 27, 2013.

Rehearing Denied December 6, 2013.

Attorney(s) appearing for the Case

George W. Royer, Jr. , and David J. Canupp of Lanier Ford Shaver & Payne P.C., Huntsville; and Angela C. Shields of Kee Law Firm, LLC, Birmingham, for appellant/cross-appellee Town of Gurley.

Deborah Alley Smith , Michael A. Vercher , and Abbott Marie Jones of Christian & Small LLP, Birmingham; and Rebekah K. McKinney of Watson McKinney LLP, Huntsville, for appellee/cross-appellant M & N Materials, Inc.

C. Winston Sheehan, Jr. , and Allison A. Ingram of Ball, Ball, Matthews & Novak, P.A., Montgomery, for appellee Mayor Stan Simpson.

Lorelei Lein , gen. counsel, Alabama League of Municipalities, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the Town of Gurley.

Michael Partain , gen. atty., United States Steel Corporation, Birmingham, for amicus curiae United States Steel Corporation, in support of the appellee/cross-appellant M & N Materials, Inc.

Jack Livingston and Daryl R. Eustace of Jack Livingston, P.C., Scottsboro, for amicus curiae G.W. Jones & Sons, Jones-Lowe Company, and Raymond S. Jones, in support of the application for rehearing filed by the appellee/cross-appellant M & N Materials, Inc.

Christopher W. Weller of Capell and Howard P.C., Montgomery, for Alabama Forestry Association, Scotch Land Management, LLC, and Alabama Farmers Federation; Thomas J. Saunders , gen. counsel and dir. of Gov't Affairs, for Alabama Forestry Association J. David Martin of Copeland, Franco, Screws & Gill, P.A., Montgomery, for Hope Builders Association of Alabama; and Ray F. Robbins III , vice president, secretary and gen. counsel, The Westervelt Company, for amici curiae Alabama Forestry Association, Alabama Farmers Federation, Home Builders Association of Alabama, Scotch Land Management, LLC, and The Westervelt Company.

PARKER, Justice.

In case no. 1110439, the Town of Gurley ("the Town") appeals the trial court's judgment in favor of M & N Materials, Inc. ("M & N"), on M & N's inverse-condemnation claim against the Town. We reverse the trial court's judgment and render a judgment for the Town. In case no. 1110507, M & N cross-appeals the trial court's judgment in favor of the Town and Stan Simpson on other claims. We affirm.

I. Facts and Procedural History...

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