
    C. Molton WILLIAMS, George Wheelock, Jr., George Wheelock III, and Ellen Linn Wheelock v. CITY OF BIRMINGHAM, a municipal corporation. BUCHANAN LUMBER OF BIRMINGHAM, INC., an Alabama Corporation v. CITY OF BIRMINGHAM, a municipal corporation.
    84-791, 84-792 and 84-793.
    Supreme Court of Alabama.
    Aug. 29, 1986.
    Rehearing Denied Nov. 7, 1986.
    Gerald D. Colvin, Jr., of Bishop, Colvin & Johnson, Birmingham, for appellants.
    Charles Cleveland of Gordon, Silberman, Loeb, Cleveland & Gordon, Birmingham, for appellee.
   PER CURIAM.

These cases have been consolidated for the purpose of issuing one opinion. The judgments are affirmed on the authority of White v. State, 294 Ala. 502, 319 So.2d 247 (1975), cert. den., 424 U.S. 954, 96 S.Ct. 1428, 47 L.Ed.2d 359 (1976). For condemnation cases in which no judgment was entered before January 1, 1986, and for cases arising thereafter, see the Alabama Eminent Domain Code, Ala.Code 1975, § 18-1A-1, et seq.

AFFIRMED.

TORBERT, C.J., and MADDOX, AL-MON, SHORES, ADAMS and STEAGALL, JJ., concur.

JONES, BEATTY and HOUSTON, JJ., dissent.

JONES, Justice

(dissenting).

By affirming the trial court’s summary dismissal of the landowners’ claims for expenses of litigation on the authority of White v. State, 294 Ala. 502, 319 So.2d 247 (1975), cert. den., 424 U.S. 954, 96 S.Ct. 1428, 47 L.Ed.2d 359 (1976), the Court is extending its holding in White to preclude the landowner’s recovery of expenses where, as here, the condemnor voluntarily dismisses its petition for condemnation after the court-appointed appraisers file their report, but before the entry of the judgment of condemnation. I dissent from that extension.

For the rationale in support of my dissent, see my dissenting opinion in White, supra, 294 Ala. at 506, 319 So.2d at 250.

BEATTY and HOUSTON, JJ., concur.  