City of Montgomery v. Couturier

The City of Montgomery filed suit against the Couturiers seeking an injunction and a declaratory judgment, claiming that it had a prescriptive easement for spillage onto a lot owned by the Couturiers. The city also filed a motion for a temporary restraining order and a preliminary injunction to prevent the Couturiers from impeding the flow of drainage water over the lot in question.

After a hearing on the city's motion for a preliminary injunction, the court issued an order denying that relief.

Thereafter, the Couturiers filed an answer and counterclaim for $10,000 damages, alleging that, in…