Legal Opinion

Markstein v. City of Birmingham

Supreme Court of Alabama

Decided January 28, 1971No. 6 Div. 770PublishedCited by 11 opinions

1Opinion of the Court

MERRILL, Justice.

This appeal was the result of plaintiff’s motion for a nonsuit, due to the sustaining of demurrers to the complaint as last amended.

Plaintiff-appellant alleged in effect that she owned valuable residential property in the City of Birmingham, which abutted Henrietta Road and Crest Road, that the property was served by access to those roads, that the construction of the “Red Mountain Expressway” had resulted in these roads being “blocked and severed and the access in an easterly direction formerly enjoyed by Plaintiff’s property along said streets has been destroyed, and a…

2Cases cited14 opinions

  1. Bacich v. Board of ControlCalifornia Supreme Court · 1943
  2. In re Melon StreetSupreme Court of Pennsylvania · 1897
  3. Finnell v. PittsSupreme Court of Alabama · 1930
  4. Cram v. LaconiaSupreme Court of New Hampshire · 1901
  5. Wofford v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. McPhillips v. BrodbeckSupreme Court of Alabama · 1972
  2. Willis v. University of North AlabamaSupreme Court of Alabama · 2002
  3. Gwin v. Bristol Steel & Iron Works, Inc.Supreme Court of Alabama · 1978
  4. Henley v. HerringCourt of Appeals for the Eleventh Circuit · 1986
  5. Henley v. HerringCourt of Appeals for the Eleventh Circuit · 1986

6 more not listed; retrieve them via the Exa API.

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