Otwell v. Alabama Power Co.

MEMORANDUM OF OPINION

L. SCOTT COOGLER, District Judge.

1. Introduction

Before this Court are cross motions for summary judgment: 1) Defendant Alabama Power Company’s (“Alabama Power’s”) Motion for Summary Judgment as to all of Plaintiffs’ claims, filed on December 12, 2012 (Doc. 81), and 2) Plaintiffs’ Motion for Partial Summary Judgment as to Count One of their Second Amended Complaint (Action for Declaratory Judgment of Riparian Rights), filed on January 17, 2013. (Doc. 89.) The motions are fully briefed and are now ripe for decision. Upon full consideration of the legal arguments and…