LOACHAPOKA WATER AUTH. v. WATER WORKS BD.

1091297 and 1091461.

74 So.3d 419 (2011)

LOACHAPOKA WATER AUTHORITY, INC. v. WATER WORKS BOARD OF the CITY OF AUBURN. The Greens at Auburn, an Arkansas limited partnership; the Greens at Auburn Land Development, an Arkansas limited partnership; the Greens at Auburn Land Holdings, LLC, an Arkansas limited liability company v. Water Works Board of the City of Auburn.

Supreme Court of Alabama.

June 24, 2011.


Attorney(s) appearing for the Case

Richard J.R. Raleigh, Jr. , and T. Mark Maclin of Wilmer & Lee, P.A., Huntsville; and Stephen R. Windom , Montgomery, for appellant Loachapoka Water Authority, Inc.

Russell C. Balch and David P. Whatley of Akridge & Balch, P.C., Auburn, for appellant The Greens at Auburn entities.

Paul A. Clark and James A. Byram, Jr. , of Balch & Bingham LLP, Montgomery; and James K. Haygood, Jr. , and Van C. Gholston of Haygood, Cleveland, Pierce, Mattson & Thompson LLP, Auburn, for appellee.

Robert E. Sasser and John Vickers III of Sasser, Sefton, Tipton & Davis, P.C., Montgomery, for amicus curiae Alabama Water & Wastewater Institute, in support of the appellee.

J. Gorman Houston, Jr. , of Lightfoot, Franklin & White, L.L.C., Birmingham, for amicus curiae City of Auburn, in support of the appellee.


COBB, Chief Justice.

In these consolidated appeals, The Greens at Auburn, an Arkansas limited partnership; The Greens at Auburn Land Development, an Arkansas limited partnership; and The Greens at Auburn Land Holdings, LLC, an Arkansas limited liability company (collectively, "the Greens"), and the Loachapoka Water Authority, Inc. ("LWA"), appeal from a partial summary judgment in favor of the Water Works Board of the City of Auburn ("AWWB"). The trial court certified...

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