Legal Opinion

City of Birmingham v. Brown

Supreme Court of Alabama

Decided February 23, 2007No. 1050798PublishedCited by 11 opinions

1Opinion of the Court

The City of Birmingham ("the City") and William Gilchrist appeal from a judgment entered on a jury's verdict awarding damages to brothers William Brown and Henry Clayton (hereinafter referred to collectively as "the brothers"). We reverse and remand with directions.

Facts

The brothers own 4.6 acres of property at the corner of Ostlin Street and Wenonah-Oxmoor Road in Jefferson County. The elevation of their property is lower than that of the property around it; approximately 1.48 acres of the property is situated in a floodplain. Additionally, "Little Shades Creek" runs across a portion of the…

2Cases cited5 opinions

  1. Ex Parte CranmanSupreme Court of Alabama · 2000
  2. Waddell & Reed, Inc. v. UNITED INVEST. LIFE INS. CO.Supreme Court of Alabama · 2003
  3. Ex Parte City of BirminghamSupreme Court of Alabama · 1993
  4. City of Prattville v. CorleySupreme Court of Alabama · 2003
  5. Sargent v. Lambert Const. Co.Court of Civil Appeals of Alabama · 1979

3Cited by11 opinions

  1. Suttles v. RoySupreme Court of Alabama · 2010
  2. Furrow v. HeltonSupreme Court of Alabama · 2008
  3. Cupps v. MitchellSupreme Court of Alabama · 2015
  4. D. S. v. County of Montgomery, State of ALCourt of Appeals for the Eleventh Circuit · 2008
  5. Carlos Fernando Reixach Murey, as administrator of the Estate of Carlos Lens Fernandez v. City of Chickasaw, Michael E. Reynolds, Cynthia Robinson Burt, Arellia Taylor, and George TaylorSupreme Court of Alabama · 2023

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