Columbiana signs on to support Mountain Brook appeal over municipal flood-liability ruling

The Columbiana City Council voted to sign onto an amicus brief supporting the city of Mountain Brook’s appeal to the Supreme Court of Alabama after a lower-court summary judgment, officials said, raised a potentially broad new municipal liability standard for stormwater flooding.

City legal counsel and the mayor summarized the concern: a recent summary judgment could be interpreted to impose effectively strict or unlimited liability on municipalities when existing stormwater infrastructure is overwhelmed, even where the infrastructure is functioning as designed. The council adopted a resolution to sign the amicus brief; officials emphasized the action imposes no cost on the city but signals legal support for Mountain Brook’s appeal.

The city attorney’s materials summarized four perceived problems with the order, including (1) an effective imposition of strict liability for flooding events; (2) failure to recognize substantive immunity where a drainage system is functioning as designed; (3) a misplaced duty focus on individual landowners rather than the public; and (4) expansion of negligent-maintenance claims to require upgrades of existing drainage rather than repairs after notice of obstruction. The mayor said the ruling could require municipalities to continually upgrade drainage infrastructure after each larger rain event, which would be financially untenable for most cities.

Council members approved the resolution by voice vote. The resolution directs the city to join the amicus brief and does not commit the city to other litigation or expenditures.

Council comments acknowledged the wider statewide ramifications and noted the city attorney’s firm represents multiple municipalities and the county; officials said the issue is likely to continue to be litigated and may produce new guidance or precedents in the future.