Moore v. Board of Adjustment

Supreme Court of Alabama

Moore v. Board of Adjustment

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

Supreme Court of Alabama·Decided January 31, 1986·No. 85-10·Published·Cited by 2 cases

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.

Moore v. Board of Adjustment, 495 So. 2d 1112, 1986 Ala. LEXIS 3423 (Ala. 1986).

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Opinion

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