HEATHERWOOD HOLDINGS v. FIRST COMMERCIAL

1091016.

61 So.3d 1012 (2010)

HEATHERWOOD HOLDINGS, LLC v. FIRST COMMERCIAL BANK, Jonathan L. Kimerling, and HGC, Inc.

Supreme Court of Alabama.

October 22, 2010.


Attorney(s) appearing for the Case

Charles L. Denaburg , Steven D, Altmann , and Nathan C. Weinert of Najjar Denaburg, P.C., Birmingham, for plaintiff.

James R. Bussian , Robert H. Fowlkes , and Joshua B. Baker of Maynard, Cooper & Gale, P.C., Birmingham, for defendant First Commercial Bank.

Lee R. Benton and Amy M. Hazelton of Benton & Centeno, LLP, Birmingham, for defendant HGC, Inc.


SMITH, Justice.

The United States Bankruptcy Court for the Northern District of Alabama, Southern Division, has certified three questions to this Court pursuant to Rule 18, Ala. R.App. P.

Facts and Procedural History

In its certification to this Court, the Bankruptcy Court provided the following background information:

"In the 1970's, United States Steel Realty Development Division (`USR') began development of the Heatherwood subdivision...

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