The opinion
Roy Duncan and Air Flow Awning Company, Inc., sought certiorari review of the Court of Civil Appeals' no-opinion affirmance, alleging a conflict with that decision and City of Mobile v. Weinacker , 720 So.2d 953 (Ala.Civ.App. 1998).
I write specially to reiterate a fundamental principle about private property set forth in Weinacker :
"`"[S]o far as [an ordinance] restricts the absolute dominion of the owner over its property, it should furnish a uniform rule of action, and its application cannot be left to the arbitrary will of the governing authorities."' Longshore v. City of Montgomery , 22 Ala.App. 620 , 622 , 119 So. 599 , 600 (1928), quoting City Council of Montgomery v. West , 149 Ala. 311 , 314 , 42 So. 1000 , 1000
(1907)."
720 So.2d at 954 -55 .