Baldwin County Planning & Zoning Commission v. Montrose Ecor Rouge, L.L.C.

On Application for Rehearing

BRYAN, Judge.

The opinion of October 2, 2009, is withdrawn, and the following is substituted therefor.

The Baldwin County Planning and Zoning Commission (“the Commission”) appeals a judgment entered by the Baldwin Circuit Court (“the circuit court”) insofar as it (1) declared certain provisions of the Baldwin County Subdivision Regulations (“the Subdivision Regulations”) to be void and unenforceable and (2) issued a writ of mandamus compelling the Commission to approve a preliminary plat (“the plat”) submitted to the Commission in November 2007 by Montrose Ecor…