ADAMS v. LANG

88-492.

553 So.2d 89 (1989)

Gale ADAMS and Nick Armstrong v. John LANG.

Supreme Court of Alabama.

Rehearing Denied November 3, 1989.


Attorney(s) appearing for the Case

Wilbor J. Hust, Jr., of Zeanah, Hust, Summerford, Davis & Frazier, Tuscaloosa, for appellants.

Charles E. Pearson and Robert F. Prince of Prince, McGuire & Coogler, Tuscaloosa, for appellee.

James H. Seale III, Greensboro, for amicus curiae West Alabama Catfish Producers Ass'n.


KENNEDY, Justice.

The plaintiffs, Gale Adams and Nick Armstrong, appeal from a summary judgment in favor of the defendant, John Lang. We affirm.

The issue is whether the law of nuisance or the "reasonable use" rule pertaining to ground water or percolating water applies to the facts of this case.

The facts as found by the trial court in its order dated September 7, 1988, are adopted in toto:

"The plaintiffs are owners of tracts of land...

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