City of Birmingham v. City of Fairfield

Defendant, City of Birmingham, appeals from a trial court's decree enjoining the City's maintenance of certain public and private nuisances and from a judgment awarding four individuals an aggregate of $13,000.00 in damages. We reverse and remand.

Plaintiff, the City of Fairfield, sought a permanent injunction to restrain Birmingham from "collecting and diverting surface waters . . . into drains, pipes, conduits or artificial channels and precipitating and casting such surface waters in increased quantity, volume, and velocity" onto the streets of Fairfield and upon the property of the…