BEACHCROFT PROPERTIES v. City of Alabaster

Beachcroft Properties, LLP, and Sherman Holland, Jr. (hereinafter referred to collectively as "Beachcroft"), appeal from a summary judgment for BW MMC, LLC ("BW"), and the City of Alabaster ("the City") in an action filed by Beachcroft seeking access to a sanitary sewer system. We reverse and remand with directions.

This is the second time this dispute has come before us. The underlying facts are fully set forth in BeachcroftProperties, LLP v. City of Alabaster, 901 So.2d 703 (Ala. 2004), and will not be repeated. In Beachcroft, we reversed a summary judgment for BW and the City and remanded…