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Alabama Supreme Court hears dispute over city duty after recurring home flooding
Summary
The Supreme Court of Alabama heard arguments in City of Mountain Brook v. Rodney and Mary Leah Miller over whether a city's easement and state statute create a duty to prevent stormwater from overflowing onto private property; the trial court awarded roughly $80,000 and a permanent injunction, and the high court took the case under submission.
The Supreme Court of Alabama heard oral argument in City of Mountain Brook v. Rodney and Mary Leah Miller, a dispute over whether the city’s rights to operate stormwater infrastructure through a private easement trigger a legal duty that can overcome municipal substantive immunity.
At oral argument, Ben Presley, attorney for the City of Mountain Brook, told the court the trial court erred by relying on Beatty (1974) and imposing an effective strict-liability standard. Presley said the city holds a dedicated easement and exercises authority under a code provision referenced throughout the argument as “11 50 50,” so the proper standard for municipal conduct is negligence. Presley added that a post-flood video inspection showed the pipe at issue was clear and not blocked, and he urged the court to limit liability to negligent maintenance rather than design or policy…
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