Thomas v. City of Rainsville

An action by the City of Rainsville against Burma Thomas, seeking a declaration that a fence erected by her across a “public street” was a public nuisance, resulted in a judgment adverse to Ms. Thomas. She appeals.

Three issues are presented: Did the trial court err:

1)in denying Appellant’s motion for summary judgment, in light of the fact that the official minutes of the City do not disclose any authorization by the city council to institute the present action?

2) in finding that Mince Drive was a public road by prescription? or

3) in rejecting Ms. Thomas’s defense of estoppel, based on the…