MARTIN v. CITY OF LINDEN

1940251, 1940374.

667 So.2d 732 (1995)

Judy MARTIN v. CITY OF LINDEN, Alabama. CITY OF LINDEN v. Judy MARTIN.

Supreme Court of Alabama.

Rehearing Denied December 1, 1995.


Attorney(s) appearing for the Case

William G. McKnight, Montgomery, for appellant/cross appellee Martin.

John T. Alley, Jr. of Crumpton, McGregor, Davis & Alley, Montgomery and W.W. Dinning, Jr. of Lloyd, Dinning, Boggs & Dinning, Dempolis, for appellee/cross appellant City of Linden.


MADDOX, Justice.

These consolidated appeals involve a dispute between a municipality and a landowner over the reasonable use of a common aquifer, or bed of groundwater, that lies beneath the property of both. The specific question is whether the City of Linden can drill a permanent well on a one-acre tract of land it owns outside its municipal limits, and pump the water by pipeline at an estimated rate of 700 gallons per...

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