Horn v. City of Birmingham

This is the second time this case has been before this court. See Horn v. City of Birmingham, 648 So.2d 607 (Ala.Civ.App. 1994). The plaintiffs had sought the award of costs and attorney fees in connection with a consent judgment; under that judgment the City of Birmingham was to return the city planning department's ruling allowing the establishment of a waste transfer station, for consideration by the city council. The trial court denied fees; the plaintiffs appealed. We reversed the judgment and remanded the case for the trial court "to determine whether the effort of the plaintiffs'…