North Face Construction LLC v. Birmingham, Alabama, City of

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NORTH FACE CONSTRUCTION, } LLC, } } Plaintiff, } } Case No.: 2:20-cv-00165-MHH v. } } CITY OF BIRMINGHAM, } ALABAMA, } Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW In January 2019, after a period of heavy rain, a section of the City of Birmingham’s retaining wall at the bottom of North Face Construction, LLC’s property “failed” and slid down the slope toward the street below. The movement of the wall and the earth behind it made the adjacent street buckle and damaged the City’s right of way. At the time,…