Fort Payne Water Works Board v. Sparks

INGRAM, Justice.

Plaintiff, the Water Works Board of the City of Fort Payne (hereinafter the “Board”), appeals from a declaratory judgment entered for the defendants. The Board sued Ronald D. Sparks and his wife, Teresa R. Sparks, seeking a judgment declaring valid a prohibitive easement appurtenant to certain real property that the Sparkses had purchased and enjoining the Sparkses from interfering with the easement. The Board also sought an order requiring the Sparkses to remove any structures violating the restrictions set forth in the easement. Following an ore tenus proceeding, the trial…