Rice v. Merritt

549 So.2d 508 (1989)

Walter RICE, III

v.

Richard T. MERRITT and Merritt Oil Company, a corporation.

Civ. 6657.

Court of Civil Appeals of Alabama.

June 7, 1989.

Rehearing Denied July 12, 1989.

Robert B. French, Jr., Ft. Payne, and W. Lloyd Copeland of Clark, Deen & Copeland, Mobile, for appellant.

Warren L. Hammond, Jr. of Conrad, Hammond & Barlar, Mobile, for appellees.

ROBERTSON, Judge.

This is a private nuisance action involving the use of real property.

Walter Rice, III is a private homeowner in Mobile County. His residential property borders property owned and utilized by defendant Merritt Oil…