Cottage Hill Land Corp. v. City of Mobile

The dispositive issue in this appeal is whether or not there was a dedication and acceptance of the right of way for afuture thoroughfare that appeared on a recorded subdivision plat.

The appellants, Cottage Hill Land Corporation (Cottage Hill) and Riley Smith, one of Cottage Hill's corporate officers, filed a complaint naming as defendant the City of Mobile. In the complaint, as amended, plaintiffs alleged an unlawful taking of Cottage Hill's property without compensation and prayed for appropriate damages. The circuit court granted the city's motion for summary judgment and this appeal…