Cove Properties, Inc. v. Walter Trent Marina, Inc.

The plaintiff, Cove Properties, Inc. ("Cove"), appeals from a summary judgment entered by the Baldwin County Circuit Court in favor of the defendant, Walter Trent Marina, Inc. ("Trent"), on Cove's claims alleging that Trent had encroached upon its riparian rights. We affirm in part, reverse in part, and remand.

This is the second time this case has been before this court. In Cove Properties, Inc. v. Walter Trent Marina, Inc.,702 So.2d 472 (Ala.Civ.App. 1997) ("Cove I"), we summarized much of the procedural history of the case:

"Cove filed its complaint on October 17, 1996, alleging that it and…