Moore v. Board of Adjustment

Supreme Court of Alabama

Moore v. Board of Adjustment

495 So. 2d 1112, 1986 Ala. LEXIS 3423

CourtSupreme Court of Alabama

DecidedJanuary 31, 1986

Docket85-10

StatusPublished

Cited by2 cases

This text of 495 So. 2d 1112 (Moore v. Board of Adjustment) is published on Counsel Stack Legal Research, covering Supreme Court 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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Moore v. Board of Adjustment, 495 So. 2d 1112, 1986 Ala. LEXIS 3423 (Ala. 1986).

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Opinion

HOUSTON, Justice.

The Court of Civil Appeals’ reversal, 495 So.2d 1109, should be construed as holding only that respondents have established a prima facie case. The strong language of [1113]*1113that court’s opinion should not be construed as creating a presumption in respondents’ favor. Variances are disfavored. The remandment is without prejudice to petitioner’s right to put on his evidence. Rule 41(b), Ala.R.Civ.P.

WRIT DENIED.

TORBERT, C.J., and FAULKNER, BEATTY and ADAMS, JJ., concur.

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HOUSTON, Justice.

The Court of Civil Appeals’ reversal, 495 So.2d 1109, should be construed as holding only that respondents have established a prima facie case. The strong language of [1113]*1113that court’s opinion should not be construed as creating a presumption in respondents’ favor. Variances are disfavored. The remandment is without prejudice to petitioner’s right to put on his evidence. Rule 41(b), Ala.R.Civ.P.

WRIT DENIED.

TORBERT, C.J., and FAULKNER, BEATTY and ADAMS, JJ., concur.

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495 So. 2d 1112, 1986 Ala. LEXIS 3423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-board-of-adjustment-ala-1986.

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