Dohany v. City of Birmingham

The decree entered below allows the city of Birmingham to deposit raw sewage into a watercourse on plaintiff's lands at certain periods, under certain conditions. I cannot agree that the decree should stand. On the record before us the city should be permanently enjoined from continuing a nuisance. The city, in effect, admits that under certain conditions raw sewage is discharged, through the city sewer, across plaintiff's lands. It claims the right to do so because the sewage is diluted at such times by surface water from excessive rainfall. The city's claim is thus stated in its brief:

"It…