Industrial Development Board v. Russell

On Application for Rehearing

MURDOCK, Justice.

The opinion of August 12, 2011, is withdrawn and the following is substituted therefor.

The Industrial Development Board of the City of Montgomery (“the IDB”) appeals, pursuant to Rule 5, Ala. R.App. P., from the Montgomery Circuit Court’s interlocutory order denying its motion for a summary judgment as to the breach-of-contract claims asserted against it by George Earl Russell and Thomas E. Russell, as coexecutors and cotrustees of the wills and testamentary trusts of Earnest W. Russell and Myrtis Russell (“the Rus-sells”) (case no. CV-04-3282),…