Garrett v. City of Vestavia Hills

WRIGHT, Retired Appellate Judge.

Shirley M. Garrett sued the City of Ves-tavia Hills, alleging claims of continuing nuisance, wantonness, trespass, and inverse condemnation. Garrett requested compensatory damages, a temporary restraining order, a preliminary injunction, and a permanent injunction. The action arose out of the maintenance of a storm drain/sewer that became clogged or damaged, causing sinkholes on Garrett’s property. Vestavia answered, asserting various affirmative defenses.

Following a hearing on Garrett’s request for a preliminary injunction, the trial court denied the…