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Supreme Court of Alabama, 1986

Moore v. Board of Adjustment

Moore v. Board of Adjustment
Supreme Court of Alabama · Decided January 31, 1986 · Houston, Torbert, Faulkner, Beatty, Adams
495 So. 2d 1112; 1986 Ala. LEXIS 3423 (Southern Reporter, Second Series)

Moore v. Board of Adjustment

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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