WATER WORKS AND SEWER BOARD v. DEPT. OF ENV. MGT.

88-8.

551 So.2d 268 (1989)

The WATER WORKS AND SEWER BOARD OF the CITY OF BIRMINGHAM v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, et al.

Supreme Court of Alabama.

Rehearing Denied September 1, 1989.


Attorney(s) appearing for the Case

L. Vastine Stabler, Jr. and Helen Currie Foster of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

Olivia H. Jenkins, Montgomery, for appellees, Alabama Dept. of Env. Management and Leigh Pegues.

James R. Seale, James L. Richey, and Mary J. Perry of Haskell, Slaughter & Young, Birmingham and Frank C. Ellis, Jr., and John F. Head of Wallace, Ellis, Head & Fowler, Columbiana, for appellees, Shelby County Com'n, Steve Chambers, Greg Rushton, Ken Wilson, John Ames, and Tommy Snowden.


ADAMS, Justice.

This is an appeal from the denial of a motion by the plaintiff, the Water Works and Sewer Board of the City of Birmingham (hereinafter "the Board"), to enjoin Shelby County from operating an interim waste water treatment facility on Hugh Daniel Drive. The facility itself is located in the watershed of Lake Purdy, which provides 40%-60% of the water for Birmingham residents; however, the discharge of effluents...

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