Opinion

Moore v. Board of Adjustment

495 So. 2d 1112
1986 Ala. LEXIS 3423

Court: Supreme Court of Alabama
Filed: Jan 31, 1986
Status: Published
Author: Houston
On the bench: Houston, Torbert, Faulkner, Beatty, Adams
Cited by: 2 cases
Authority: More cited than 66.4%

The 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 that 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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