Baugus v. City of Florence

Andrew Baugus and other landowners appeal from a summary judgment entered in favor of the City of Florence ("the City") in the Lauderdale Circuit Court. We remand the case to the trial court for further proceedings because the judgment appealed from is not a final judgment.

I. Facts and Procedural Background

The City operated and maintained a sanitary landfill in Florence. The landfill abuts and/or includes portions of Baugus's property, as well as the property of 12 other named plaintiffs in the case (collectively referred to as "the residents"). The Alabama Department of Public Health…