Acker v. Protective Life Ins. Co.

This appeal arises from the denial of an injunction sought by homeowners to prevent the chiming of certain electronic bell tones (incorrectly referred to in the record and herein as a "carillon"). We affirm.

Protective Life Insurance Company constructed a bar carillon at its offices in downtown Birmingham in 1961. When these offices were moved south of town, to the Office Park area, in an enclave of Jefferson County between the cities of Mountain Brook and Homewood, in 1976, a new carillon was constructed. The bell sounds are broadcast through 16 loudspeakers, and at peak amplification, can be…