Jansen v. Fair Harbor Marina, Inc.

HOLMES, Judge.

The plaintiff claimed $12,000 in damages from defendant for trespass and negligence. After an ore tenus hearing, the trial court found defendant liable for trespass and awarded $500. Plaintiff appeals.

The dispositive issue on appeal is whether the evidence supports the award. We find no error requiring reversal and affirm.

The record reveals the following: Plaintiff and defendant own adjoining properties on Fly Creek in the City of Fairhope. Plaintiff’s property borders on a drainage easement which is located between the two parcels.

Plaintiff constructed a boathouse which…