LEE v. HOUSER

1110105 and 1110505.

148 So.3d 406 (2013)

Deidre W. LEE and Samuel G. McKerall v. Charles HOUSER and Robert C. Holk. Town of Magnolia Springs and Magnolia Springs Planning Commission v. Deidre W. Lee and Samuel G. McKerall.

Supreme Court of Alabama.

Second Application for Rehearing Denied in case no. 1110505 February 14, 2014.


Attorney(s) appearing for the Case

Samuel G. McKerall , Gulf Shores; and Daniel G. Blackburn of Blackburn, Connor & Taupeka, Bay Minette, for appellants/cross-appellees Deidre W. Lee and Samuel G. McKerall.

Andrew J. Rutens and Alicia J. Corley of Galloway, Wettermark, Everest, Rutens & Gaillard, LLP, Mobile, for appellants Town of Magnolia Springs and Magnolia Springs Planning Commission.

Samuel N. Crosby and J. Bradford Boyd Hicks of Stone Granade & Crosby PC, Bay Minette; and Andrew J. Rutens and Alicia J. Corley of Galloway, Wettermark, Everest, Rutens & Gaillard, LLP, Mobile, for appellees Charles Houser and Robert C. Holk.

Aaron G. McLeod and Randall S. Hetrick of Adams & Reese LLP, Birmingham, for amicus curiae South Alabama Regional Planning Commission, in support of the appellants Town of Magnolia Springs and Magnolia Springs Planning Commission.

Lorelei Lein , gen. counsel, Alabama League of Municipalities, for amicus curiae Alabama League of Municipalities, in support of the appellants Town of Magnolia Springs and Magnolia Springs Planning Commission.


On Application for Rehearing in Case No. 1110505

MOORE, Chief Justice.

The opinion of September 27, 2013, is withdrawn, and the following is substituted therefor.

Deidre W. Lee and Samuel G. McKerall, plaintiffs in the underlying action, appeal a summary judgment entered in favor of Charles Houser and Robert C. Holk, defendants in the underlying action in the Baldwin Circuit Court (case no. 1110105...

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