CITY OF MONTGOMERY v. COUTURIER

78-94.

373 So.2d 625 (1979)

CITY OF MONTGOMERY v. Wiley R. COUTURIER et al.

Supreme Court of Alabama.

July 27, 1979.


Attorney(s) appearing for the Case

Randall C. Morgan of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, and Walter J. Knabe of Capell, Howard, Knabe & Cobbs, Montgomery, for appellant.

J. Knox Argo of Argo & Enslen, Montgomery, for appellees.


SHORES, Justice.

The City of Montgomery filed suit against the Couturiers seeking an injunction and a declaratory judgment, claiming that it had a prescriptive easement for spillage onto a lot owned by the Couturiers. The city also filed a motion for a temporary restraining order and a preliminary injunction to prevent the Couturiers from impeding the flow of drainage water over the lot in question.

After a hearing on the city's motion for a preliminary injunction...

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