Legal Opinion

Smith v. City of Eufaula Planning Commission

Court of Civil Appeals of Alabama

Decided March 24, 2000No. 2990191PublishedCited by 3 opinions

1Opinion of the Court

ROBERTSON, Presiding Judge.

Marcus W. Smith appeals from a summary judgment entered by the Barbour County Circuit Court on his claims against the City of Eufaula Planning Commission (“the Commission”) and the City of Eufau-la (“the City”). We affirm.

Because the pertinent facts giving rise to Smith’s claims in this case are undisputed, we review the trial court’s application of law to those facts to determine whether the defendants were entitled to a judgment as a matter of law. Carpenter v. Davis, 688 So.2d 256, 258 (Ala.1997). No presumption of correctness attaches to the decision of the…

2Cases cited5 opinions

  1. Gossett v. Twin County Cable TV, Inc.Supreme Court of Alabama · 1992
  2. Hipps v. Lauderdale County Bd. of Educ.Court of Civil Appeals of Alabama · 1993
  3. Carpenter v. DavisSupreme Court of Alabama · 1997
  4. City of Tuscaloosa v. BryanSupreme Court of Alabama · 1987
  5. City of Mobile v. WaldonSupreme Court of Alabama · 1983

3Cited by3 opinions

  1. Cook County Republican Party v. State Board of ElectionsAppellate Court of Illinois · 2007
  2. Fairfield Place Homeowners Ass'n v. PipkinCourt of Civil Appeals of Alabama · 2013
  3. Cook County Republican Party v. State Board of ElectionsAppellate Court of Illinois · 2007

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