WATER WORKS AND SEWER BD. v. WINGETT

1930364.

646 So.2d 1331 (1994)

The WATER WORKS AND SEWER BOARD OF the CITY OF BIRMINGHAM v. Charles N. WINGETT.

Supreme Court of Alabama.

Rehearing Denied December 16, 1994.


Attorney(s) appearing for the Case

Michael G. Kendrick, K. Mark Parnell and Victoria J. Franklin-Sisson of Gorham, Stewart, Kendrick, Bryant & Battle, P.C., Birmingham, for appellant.

Hub Harrington of Najjar Denaburg, P.C., Birmingham, Frank C. Ellis, Jr. of Wallace, Ellis, Fowler & Head, Columbiana, for appellee.

H.C. Ireland III of Porterfield, Harper & Mills, P.A., Birmingham, for amicus curiae "Brook Highland Residents".


INGRAM, Justice.

The Water Works and Sewer Board of the City of Birmingham ("Board") petitioned for a rule nisi, contending that Charles Wingett had failed to comply with a previous order of the trial court and arguing that he should be adjudged in contempt of court. The trial court held that Wingett was not in violation of the court's order and denied the Board's petition for a rule nisi. The Board appeals.

In 1990, Wingett filed a complaint for a declaratory...

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