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ROYAL AUTOMOTIVE, INC. v. CITY OF VESTAVIA HILLS

1061313 and 1071152.

995 So.2d 154 (2008)

ROYAL AUTOMOTIVE, INC., et al. v. CITY OF VESTAVIA HILLS and City of Hoover. Trimensions, Inc. v. City of Vestavia Hills and City of Hoover.

Supreme Court of Alabama.

May 23, 2008.

Attorney(s) appearing for the Case

Cecil H. Macoy, Jr., and Thomas A. McKnight, Jr., of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, for appellants.

J. Bentley Owens III, Philip G. Piggott, and H. Thomas Wells III of Starnes & Atchison, LLP, Birmingham, for appellee City of Vestavia Hills.

Mark S. Boardman and Philip F. Hutcheson of Boardman, Carr, Hutcheson & Bennett, P.C., Chelsea, for appellee City of Hoover.

LYONS, Justice.

Royal Automotive, Inc., Saturn of Birmingham, Inc., Vulcan Lincoln-Mercury, Inc., and Trimensions, Inc. (collectively "the businesses"), sued the City of Vestavia Hills and the City of Hoover in the Jefferson Circuit Court, alleging trespass, nuisance, and negligent maintenance of a natural waterway known as Patton Creek. The businesses' claims arise from damage caused by the flooding of Patton Creek in 2002. Vulcan-Lincoln Mercury also alleges

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