Kennedy v. City of Montgomery

These consolidated cases involve claims alleging that the City of Montgomery has wrongfully allowed flooding of the plaintiffs' homes. The plaintiffs appeal from summary judgment in favor of the city. We reverse.

The plaintiffs allege that their homes, located on South Hull Street in Montgomery, have been subject to flooding for several years. They filed damage claims with the city and made numerous requests to have the drainage system in the area improved. They received no relief and filed suit in July 1981.

The complaints are in four counts. Count One states that the city "negligently caused…