Fisher v. Space of Pensacola, Inc.

The primary issue presented by this appeal is whether Alabama's one-year statute of limitations or its six-year statute applies to an action in which the plaintiff's theory of recovery was the common-law right of a lower property owner not to be injured by the interference of an upper owner with the natural drainage of water onto the lower property.

Plaintiff/appellant Billy E. Fisher and defendant/appellee Space of Pensacola, Inc., are adjoining property owners on Airport Boulevard in the city of Mobile. During 1975 or 1976, Space built a parking lot on its property that allegedly channeled…