Operation New Birmingham v. Flynn

Timothy William Flynn filed a complaint for an injunction against Operation New Birmingham (hereinafter "ONB") and the City of Birmingham, seeking to enjoin ONB and the City of Birmingham from interfering with the operation of Flynn's sidewalk vending business; the trial court denied the injunction. ONB had previously issued a permit to allow Flynn to maintain a sidewalk hot dog cart, but it had later forced him to remove the cart after the owner of a nearby restaurant complained to ONB that the cart was interfering with the restaurant's business. In its order denying the injunction, the…