Gwin v. Bristol Steel & Iron Works, Inc.

Plaintiffs below challenge the trial Court's grant of summary judgment, dismissing their claim for equitable relief in which they seek to set aside the closing of two public streets by the Defendants pursuant to Title 56, § 17, Code 1940 (§ 35-2-54, Code 1975). We reverse and remand.

Defendants (other than the City and its officials) own property on both sides of South 20th Street as well as both sides of 17th Avenue near the point of intersection of these two public streets in the City of Bessemer, Alabama. The Plaintiffs, Mr. and Mrs. L.B. Gwin, own four adjoining commercial lots adjacent to…