Richard E. Chesnut and Betty B. Chesnut v. City of Huntsville, Denton-Niemitz Realty, Inc., and Guild Building & Remodeling, LLC
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Rel: 04/29/2016 NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2015-2016 2140043 Richard E. Chesnut and Betty B. Chesnut v. City of Huntsville, Denton-Niemitz Realty, Inc., and Guild Building & Remodeling, LLC Appeal from Madison Circuit Court (CV-13-901203) After Remand from the Supreme Court of Alabama THOMPSON, Presiding Judge. The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Chesnut, [Ms. 1140731, January 22, 2016] ___ So. 3d ___ (Ala. 2140043 2016). In our opinion issued on March 27, 2015, we affirmed the trial court's summary judgment based on the interpretation of the zoning law or enforcement coordinator. regulation given by the zoning- On certiorari review our Supreme Court determined that the deference accorded an administrative agency's interpretation of its own rule or regulation is not boundless, and that the zoning-enforcement coordinators's interpretation of the regulation at issue was in error; it therefore reversed our judgment. On remand to this court, and in compliance with the Supreme Court's opinion, the judgment of the trial court is hereby reversed and the cause is remanded for further proceedings consistent with the Supreme Court's opinion. REVERSED AND REMANDED. Pittman, Thomas, Moore, and Donaldson, JJ., concur. 2
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