WATER WORKS AND SEWER BD. v. Shelby County

This controversy concerns the laying of water and sewer lines to housing developments in northern Shelby County, along the Shelby County Highway 41 corridor. Both The Water Works and Sewer Board of the City of Birmingham, a public corporation created pursuant to § 11-50-230 et seq., Ala. Code 1975 ("Birmingham Water Works"), and the Shelby County Commission want to install lines within the Shelby County Highway 41 right-of-way. Birmingham Water Works appeals from the denial of its petition for a writ of mandamus forcing Shelby County to grant it an excavation permit. We affirm the judgment of…