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CITY OF HUNTSVILLE v. BENCHWARMER FOOD & SPIRITS, INC.

2940999, 2941102.

684 So.2d 127 (1996)

CITY OF HUNTSVILLE v. BENCHWARMER FOOD & SPIRITS, INC., and Board of Zoning Adjustment of City of Huntsville. CITY OF HUNTSVILLE v. Frederick W. DIRRIGLE, Jr., d/b/a The Turning Point Cafe & Spirits, Inc., and Board of Zoning Adjustment of City of Huntsville.

Court of Civil Appeals of Alabama.

October 11, 1996.

Attorney(s) appearing for the Case

K. Claudia Anderson and Mary Ena J. Heath, Asst. City Attys., for Appellants.

George M. Beason, Jr. and Elizabeth A. Beason of Martinson & Beason, P.C., Huntsville, for Appellee Board of Zoning Adjustment of City of Huntsville.

Harvey B. Morris and Maureen K. Cooper of Morris, Cloud & Conchin, P.C., Huntsville, for Appellee Benchwarmer Food & Spirits, Inc.

J. Kenneth Smith, League Counsel, Montgomery, Amicus Curiae Alabama League of Municipalities, in support of City of Huntsville.

After Remand from the Supreme Court

MONROE, Judge.

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. On remand to this court, and in compliance with the Supreme Court's opinion of September 6, 1996, 684 So.2d 123 (Ala.1996), the judgment of the trial court is hereby reversed and the cause remanded for further proceedings consistent with the Supreme Court's...

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