CITY OF BIRMINGHAM v. CITY OF FAIRFIELD

78-137.

375 So.2d 438 (1979)

CITY OF BIRMINGHAM v. CITY OF FAIRFIELD et al.

Supreme Court of Alabama.

Rehearing Denied September 28, 1979.


Attorney(s) appearing for the Case

James K. Baker, L. H. Warren and Herbert Jenkins, Jr., Birmingham, for appellant.

Norman K. Brown, Bessemer, for appellees.


BEATTY, Justice.

Defendant, City of Birmingham, appeals from a trial court's decree enjoining the City's maintenance of certain public and private nuisances and from a judgment awarding four individuals an aggregate of $13,000.00 in damages. We reverse and remand.

Plaintiff, the City of Fairfield, sought a permanent injunction to restrain Birmingham from "collecting and diverting surface waters ... into drains, pipes, conduits or artificial channels and precipitating...

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