WATER WORKS BD. OF CITY OF BIRMINGHAM v. Barnes

The Water Works Board of the City of Birmingham (The Board) appeals from a final judgment of the Circuit Court of Jefferson County declaring a three-zone rate schedule adopted by the Board for water sold by meter measurement and all fire hydrant charges to be unlawful and unreasonable, and permanently enjoining the Board from the collection of charges pursuant to that schedule.

The issues raised on this appeal are as follows:

1. Did the trial court err in substituting its judgment for the Board's with regard to the lawfulness of a three-zone rate schedule?

a. Should the trial court have presumed…