Henley v. Herring

GODBOLD, Chief Judge:

This case concerns the effort of a state university, as an abutting landowner, to vacate and close a city public street and include the vacated area in its campus, without resorting to condemnation procedures. The district court enjoined the effort, and we affirm.

Suit was brought under 42 U.S.C. § 1983 for a temporary and permanent injunction against the University of Alabama at Birmingham (“UAB”) and the City of Birmingham. UAB has a large urban campus that straddles 19th Street, a thoroughfare included in the original grid plan of streets laid out for Birmingham and one…