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HELMS v. BARBOUR COUNTY

1030596.

914 So.2d 825 (2005)

Haywood A. HELMS and Minnie Lou Helms v. BARBOUR COUNTY, Alabama, et al.

Supreme Court of Alabama.

May 27, 2005.

Attorney(s) appearing for the Case

Joe W. Adams of Adams, Spivey & Adams, L.L.C., Ozark, for appellants.

Walter B. Calton, Eufaula, for appellees.

NABERS, Chief Justice.

Haywood A. Helms and his wife Minnie Lou Helms own a parcel of land in Barbour County located adjacent to an unpaved public county road maintained by the County. Within its right of way, the County provides routine maintenance to unpaved public roads by scraping the roadway and clearing the ditches beside the road to allow for water drainage. Before 1995, the side of the ditch adjacent to the Helms property was a high, vertical bank. The County...

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