Asphalt Contractors Inc. v. Alabama Department of Transportation

I concur with the main opinion that Asphalt Contractors, Inc. (“ACI”), stated a valid inverse-condemnation claim against the Alabama Department of Transportation (“ALDOT”) based on its allegations, among others, that ALDOT appropriated ACI’s property for public use; that AL-DOT, through John R. Cooper, its director, physically pumped chemically tainted water onto ACI’s property; and that ALDOT did all of these things without initiating eminent-domain proceedings. As stated below, however, my concurrence is based on a different rationale than that of the main opinion; therefore, I concur in…