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Coxe v. Water Works Bd.

Citation: 2 ELR 20320
No. No. 6 Div. 909, 261 So. 2d 12/288 Ala. 332, (Ala., 04/13/1972)

An eighty acre tract of land situated along both sides of the Cahaba River is not dedicated to the public use as a park by a common law dedication in Alabama law absent a clear intention on the part of the owner to that effect. The court is bound to apply the law regardless of favorable environmental effects that dedication of the tract to the public use may have.

Counsel for Appellant:
Jerome A. Cooper
409 N. 21st St.
Birmingham, Ala. 35203

Counsel for Appellee:
Spain, Gillon, Riley, Tate & Ansley
800 First Nat'l Bldg.
Birmingham, Ala. 35203

James G. Adams, III
City Hall
Birmingham, Ala. 35203

Heflin, C.J., Coleman, Maddox and McCall, JJ., concur.