Brown v. City of Huntsville

On Application for Rehearing

JOHNSTONE, Justice.

The opinion of September 26, 2003, is withdrawn and the following is substituted therefor.

The plaintiff Rex B. Brown (“Brown”) appeals a judgment declaring that the defendants City of Huntsville and Huntsville Utilities (collectively “the Utility”) owed no obligation to provide water service to Brown’s property outside the Huntsville city limits unless the property was annexed into the city. The dispositive issue is whether the trial court erred in holding that the Utility did not discriminate against Brown or act unreasonably in conditioning…