Mitchell v. Golden Poultry, Inc.

MONROE, Judge.

On February 24, 1998, Emerald Mitchell, Thomas Hubbert, Janice Hubbert, Mark Wicker, Andy Smith, Susan Smith, Randy Walker, Barbara Walker, Robert Byrd, and Geraldine Byrd (hereinafter collectively referred to as “Mitchell”) sued Golden Poultry, Inc., alleging nuisance and trespass. Golden Poultry moved to dismiss the complaint pursuant to Rule 12(b)(6), Ala. R. Civ. P. The trial court dismissed the case on August 17, 1998. Mitchell appealed to the Alabama Supreme Court, which transferred the case to this court pursuant to § 12-2-7(6), Ala.Code 1975.

Mitchell argues that the…