A & F Properties, LLC v. Madison County Bd. of Supervisors


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Docket Number: 2008-CA-00073-SCT
Supreme Court: Opinion Date: 10-16-2008
Opinion Author: Randolph, J.
Holding: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order.
Additional Case Information: Non Participating Judge(s): Easley, J.
Dissenting Author : Graves, J., disagrees.
Procedural History: Interlocutory Appeal
Nature of the Case: Interlocutory Appeal
Trial Court: Date of Trial Judgment: 03-07-2007
Judge: Samac Richardson
Case Number: CI-2006-0331
  Consolidated: On Court's own motion, this case is consolidated with 2007-CA-00640-SCT and 2008-M-00665.
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: A & F Properties, LLC




 William Larry Latham; G. Todd Burwell; Robert L. Spell



  
  • Appellant #1 Brief
    		•
    Appellee: Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owners Association Ed L. Brunini, Jr.; Richard Cirilli; Eric Hamer; Thomas A. Cook; Steven H. Smith  


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