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REL: 11/14/2008

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)
229-0649), 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, 2008-2009

2060607

Vulcan Lands, Inc.

v.

G. Thomas Surtees, as commissioner of the Alabama Department
of Revenue

Appeal from Montgomery Circuit Court
(CV-01-1106)

After Remand from the Alabama Supreme Court

BRYAN, Judge.

A portion of the prior judgment of this court has been

reversed, and the cause has been remanded by the Supreme Court

of Alabama.  Ex parte Vulcan Lands, Inc., [Ms. 1070399,

2060607

September 26, 2008] ___ So. 2d ___ (Ala. 2008). On remand to
this court and in compliance with the supreme court's opinion,
we reverse the trial court's order denying Vulcan Lands'
summary-judgment motion on the reliance-hardship defense and
remand the cause to the trial court for further proceedings
consistent with the supreme court's opinion.

REVERSED AND REMANDED.

Thompson, P.J., and Pittman, Thomas, and Moore, JJ.,
concur.

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