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EX PARTE NOVUS UTILITIES, INC.

1101127.

85 So.3d 988 (2011)

Ex parte NOVUS UTILITIES, INC. (In re Farris L. Roberts et al. v. Hanceville Water Works & Sewer Board et al.).

Supreme Court of Alabama.

December 2, 2011.

Attorney(s) appearing for the Case

E. Britton Monroe , Patrick Patronas , and W. Robert Sickler of Lloyd, Gray, Whitehead & Monroe, P.C., Birmingham, for petitioner.

Thomas S. Hale of Hale, Sides & Akins, L.L.C., Birmingham, for respondent Hanceville Water Works & Sewer Board.

Edward R. Jackson , Richard E. Fikes , and Judson B. Allen of Jackson Fikes , Hood & Brakefield, Jasper; Steven C. Smith of Smith & Smith, LLP, Cullman; Jeffrey E. Friedman and H. Spence Morano of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham; and Sara Baker , Cullman, for respondents the individual property owners.

BOLIN, Justice.

Novus Utilities, Inc. (hereinafter "Novus"), seeks a writ of mandamus directing the Cullman Circuit Court to dismiss negligence and private-nuisance claims against it as time-barred.

Facts and Procedural History

On June 20, 2008, 11 property owners residing in Cullman County sued the Hanceville Water Works & Sewer Board (hereinafter "the Board"), Sally Alexander (individually and in her capacity as comanager of the Board...

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