Opinion
85-23.
May 30, 1986. Rehearing Denied July 11, 1986.
Appeal from the Circuit Court, Blount County, Julius S. Swann, J.
Walter W. Kennedy III and Hugh A. Nash of Nash, Walker Kennedy, Oneonta, for appellant.
Stanley D. Bynum of Bradley, Arant, Rose White, Birmingham, J. Robert Bentley of Bentley Criswell, Oneonta, for appellee.
Appeal dismissed on grounds of mootness. Notwithstanding certain language in the trial court's final decree declaring the subject zoning ordinance void, we interpret the order of adjudication as embracing only the issues raised by the parties. Our order dismissing this appeal is without prejudice to the rights of all parties to litigate any issue other than that of the validity of the rezoning ordinance relating to the McPherson property.
APPEAL DISMISSED.
TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.