Payne v. City of Athens, Ala.

In May 1989 Gerald Payne filed an action in the Circuit Court of Limestone County against the City of Athens and the Athens Planning Commission. The complaint stemmed from the Planning Commission's refusal to approve a subdivision plat with a cul-de-sac on certain property owned by Payne.

In March 1991 the City and the Planning Commission filed a motion for summary judgment. On December 6, 1991 the trial court granted summary judgment in favor of the City and the Planning Commission. On December 13, 1991 Payne presented a motion for reconsideration to the trial court. The motion was received…