Town of Loxley v. ROSINTON WATER, SEWER, ETC.

This appeal is by the Town of Loxley, Alabama, defendant below, from a judgment granting a permanent injunction against Loxley extending its water system to serve residents within the service area of the Rosinton Water, Sewer and Fire Protection Authority. We reverse.

Issue

The dispositive issue in this case is whether an incorporated Alabama municipality may extend its water system outside its corporate limits to provide water to residents within the service area of a water, sewer, and fire protection authority incorporated under the provisions of § 11-88-1, et seq., Code 1975.

The Facts

The…