CITY OF DAPHNE v. FANNON

1180109.

303 So.3d 114 (2019)

CITY OF DAPHNE v. David FANNON and Sarah Fannon.

Supreme Court of Alabama.

Rehearing Denied February 21, 2020.


Attorney(s) appearing for the Case

Thomas O. Gaillard III , Christopher T. Conte , and William W. Watts III of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, for appellant.

Mark D. Ryan and Samuel K. Wilkes of Ryan & Wilkes, P.C., Orange Beach, for appellees.

George W. Royer, Jr. , of Lanier Ford Shaver & Payne, P.C., Huntsville, for amici curiae City of Decatur, City of Guntersville, and City of Huntsville, and Madison County and Morgan County; and Bradley W. Cornett of Ford , Howard & Cornett, P.C., Gadsden, for amicus curiae City of Gadsden, in support of the appellant.

Andrew J. Rutens and Lawrence W. Wettermark of Galloway, Wettermark & Rutens, LLP, Mobile, for amici curiae City of Saraland, City of Gulf Shores, City of Orange Beach, and City of Foley, in support of the appellant.

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


The City of Daphne ("the City"), the defendant below, appeals from a judgment entered by the Baldwin Circuit Court in favor of David Fannon and Sarah Fannon, the plaintiffs below, in an action seeking damages pursuant to § 235, Ala. Const. 1901, for the taking of, injury to, or destruction of the Fannons' property for public...

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