Alabama Court of Civil Appeals, 1991

Frazer v. Tyson

Frazer v. Tyson
Alabama Court of Civil Appeals · Decided July 5, 1991 · Thigpen, Robertson, Russell
587 So. 2d 333; 1991 Ala. Civ. App. LEXIS 410; 1991 WL 119692 (Southern Reporter, Second Series)

Frazer v. Tyson

Opinion of the Court

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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