Legal Opinion
Maumenee v. Fairhope Board of Adjustment & Appeals
Court of Civil Appeals of Alabama
Decided October 4, 1989No. Civ. 7211PublishedCited by 3 opinions
1Opinion of the Court
L. CHARLES WRIGHT, Retired Appellate Judge.
The City of Fairhope’s Board of Adjustment and Appeals granted a special exception to a landowner. Surrounding landowners filed an appeal in the circuit court for trial de novo. The circuit court granted the board’s motion for summary judgment and this appeal followed.
The property at issue was owned by Bessie Wahl, but Wahl received an offer to purchase the property from the First Baptist Church of Fairhope, contingent upon obtaining permission from the board to construct and maintain a parking facility for use by the members of the church.
The…
2Cases cited5 opinions
- Smith v. City of MobileSupreme Court of Alabama · 1979
- BD. OF ZONING ADJUSTMENT, ETC. v. WarrenSupreme Court of Alabama · 1979
- Civitans Care, Inc. v. Board of AdjustmentCourt of Civil Appeals of Alabama · 1983
- Lindquist v. BOARD OF ADJUSTMENT OF JEFFERSON CTY.Court of Civil Appeals of Alabama · 1986
- City of Mobile v. CunninghamCourt of Civil Appeals of Alabama · 1971
3Cited by3 opinions
- Ex Parte Fairhope Bd. of Adj. and AppealsSupreme Court of Alabama · 1990
- Union Bank v. FayCourt of Civil Appeals of Alabama · 1993
- Shades Mountain Plaza, L.L.C. v. City of HooverCourt of Civil Appeals of Alabama · 2003