Waters v. City of Birmingham

HARWOOD, Justice.

The appellants here were the complainants below in a declaratory proceedings in equity. They sought to have declared invalid Ordinance 391 G which undertook to amend the Zoning District Map of the City of Birmingham as same appears in the General Code of the City of Birmingham of 1944, as amended.

The respondents were the Methodist Hospital, Inc., a Corporation, and the City of Birmingham.

The land affected and rezoned by Ordinance 391 G was owned by the Methodist Hospital, Inc., a Corporation and consisted of roughly 37 acres. Prior to the enactment of the ordinance this land…