City of Daphne v. Eastern Shore Wastewater Treatment Facility, Inc.

ALMON, Justice.

Eastern Shore Wastewater Treatment Facility, Inc. (“Eastern Shore”), filed an action against the City of Daphne, a municipal corporation, alleging breach of a franchise contract, fraud, gross abuse of discretion, and bad faith. The trial court submitted only the breach of contract claim to the jury, and the jury returned a $1,781,181 verdict for Eastern Shore. The trial court entered judgment on the verdict and later denied Daphne’s motion for judgment notwithstanding the verdict, but conditioned this denial on Eastern Shore’s accepting a remittitur to reduce the verdict to…