Rich v. City of Mobile

Michael S. McGlothren and Richard Bounds of Cunningham, Bounds, Byrd, Yance Crowder, Mobile, for appellants.

Thomas M. Galloway, Jr. of Collins, Galloway Smith, Mobile, for appellees.

Drayton N. Hamilton, Montgomery, for amicus curiae Alabama League of Municipalities.

This appeal is from an order granting Defendant City's motion to dismiss for failure to state a claim upon which relief could be granted.

Plaintiffs' residence was connected to and served by the sewer and water systems of the City of Mobile. The elevation of the residence was lower than that of the sewer system; and, because an…