City of Dothan v. Eighty-Four West, Inc.

The plaintiff City of Dothan and the defendant Spann Farm Partnership, Ltd., appeal from a summary judgment entered in favor of the defendants Eighty-Four West, Inc., and Quin E. Flowers, Jr., in a declaratory action to construe an easement. We reverse and remand. This cause is before this court pursuant to § 12-2-7, Ala. Code 1975.

The property involved in this appeal is located in the City of Dothan and consists of about 400 acres that once belonged to the Couch Sand Company. This property was later acquired by Quin E. Flowers, Jr. ("Flowers"); his sister, Juleann Flowers Torrence; and her…