Hursey v. City of Mobile

Thomas A. Hursey and Eleanor Hursey sued the City of Mobile for damages for injury to their property. From a summary judgment for the City, the Hurseys appeal

The rear of the Hurseys' lot adjoins a lot owned by Dr. Louis Naman. Dr. Naman began building a parking lot on his property in 1972; his lot was higher than the Hurseys', and fill dirt and other debris washed into the drainage ditch between the lots and onto the Hurseys' property. This drainage ditch is the subject of the controversy here; the Hurseys sued the City on August 15, 1980, claiming damages in three causes of action:(1) the…