Frazer v. Tyson

Court of Civil Appeals of Alabama

Frazer v. Tyson

587 So. 2d 333, 1991 Ala. Civ. App. LEXIS 410, 1991 WL 119692

CourtCourt of Civil Appeals of Alabama

DecidedJuly 5, 1991

DocketCiv. 7142

StatusPublished

This text of 587 So. 2d 333 (Frazer v. Tyson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frazer v. Tyson, 587 So. 2d 333, 1991 Ala. Civ. App. LEXIS 410, 1991 WL 119692 (Ala. Ct. App. 1991).

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Opinion

AFTER REMAND FROM SUPREME COURT

THIGPEN, Judge.

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. On remand to this court, and in compliance with the Supreme Court’s opinion of May 24, 1991, 587 So.2d 330 (Ala.1991), the judgment of this court is set aside.

In accordance with the instructions of the Supreme Court, we reverse the judgment and remand the cause to the trial court and order the trial court to issue a writ of mandamus compelling the Montgomery City Planning Commission to issue a certificate of approval allowing Frazer to proceed with resubdivision of the property in question.

REVERSED AND REMANDED WITH INSTRUCTIONS.

ROBERTSON, P.J., and RUSSELL, J., concur.

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