Chestnut Hills Civic Ass'n v. Dobbins

This was an action to determine the validity of a municipal building permit which authorized the construction of an apartment complex on one lot and the construction of a parking lot on an adjacent lot, on which there existed a restrictive covenant.

The defendant property owner and the City of Birmingham each filed an answer in which each claimed, res judicata, collateral estoppel and laches.

The trial court, after hearing arguments, entered summary judgment in favor of the property owner and the City. He decreed:

"DECREE OF DISMISSAL

"This cause was duly set on this date upon separate motions to…