Water Works Board of City of Birmingham v. Stephens

This is a proceeding begun by a petition to the Board of Adjustment of the City of Birmingham in respect to its zoning ordinance: the petitioner being the Water \J/jorks Board of the City of Birmingham. v^qs agreed that petitioner is a “public sef/yjcp ¡corporation and a municipal utility as; cqrjtpjjfplated .by the General City Code of Birmingham,” and therefore an agency of the city. Jackson v. Hubbard, 256 Ala. 114, 53 So.2d 723. We presume, therefore, that it was set up under authority of section 394, Title 37, Code of 1940, and that the city has conveyed to it the water system which…