Breland v. City of Fairhope

MURDOCK, Justice.

Charles K. Breland, Jr., and Breland Corporation (hereinafter refereed to collectively as “Breland”) appeal from a summary judgment entered against them and in favor of the City of Fairhope (“Fair-hope”) by the Baldwin Circuit Court in Breland’s action séeking declaratory relief and damages based' on alleged negligent conduct by Fairhope in relation to real property owned by Breland. We reverse the summary judgment.

I. Facts and Procedural History

In 1999, Breland purchased 65 acres of real property in Baldwin County for $510,364.50 (“the property”). Over 50 percent of the…