Brock v. City of Anniston

On Rehearing.

GARDNER, Chief Justice.

We are persuaded from a re-examination of this case that what has been said in the original opinion suffices as expressive of our view of the applicable legal principles involved. But out of deference to the earnest and forceful argument of resourceful counsel, we have considered a brief response appropriate.

In what has already been said we rested content with the statement that the contemplated improvement was not a “taking” of complainants’ property within the meaning of Section 235 of our Constitution, but that the damages were consequential in…