Karagan v. City of Mobile

SHORES, Justice.

Phillip Karagan appeals from a summary judgment granted in favor of the City of Mobile (“City”).

This is the second legal action filed by Mr. Karagan concerning a drainage ditch that runs adjacent to his 23.8 acres of property with frontage on Howells Ferry Road in Mobile. See, Karagan v. City of Mobile, 518 So.2d 744 (Ala.Civ.App.1987).

In the instant action, Mr. Karagan filed a complaint calling upon the City to set forth and specify the nature and location of any surface water drainage easement concerning his property. The trial court granted summary judgment on May 20, 1988,…