City of Dothan v. Carroll Ben Powell, Jr.

CourtSupreme Court of Alabama
DecidedMarch 17, 2023
Docket2022-0767
StatusPublished

This text of City of Dothan v. Carroll Ben Powell, Jr. (City of Dothan v. Carroll Ben Powell, Jr.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Dothan v. Carroll Ben Powell, Jr., (Ala. 2023).

Opinion

Rel: March 17, 2023

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA OCTOBER TERM, 2022-2023

_________________________

SC-2022-0767 _________________________

City of Dothan

v.

Carroll Ben Powell, Jr.

Appeal from Dale Circuit Court (CV-19-900102)

MENDHEIM, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(E), Ala. R. App. P. SC-2022-0767

Shaw, Wise, Bryan, Sellers, Stewart, and Mitchell, JJ., concur.

Parker, C.J., concurs in part and dissents in part, with opinion,

which Cook, J., joins.

2 SC-2022-0767

PARKER, Chief Justice (concurring in part and dissenting in part).

I concur in affirming the summary judgment in favor of Carroll Ben

Powell, Jr., with regard to the City of Dothan's public-nuisance claim. I

dissent from affirming the judgment in favor of Powell on the City of

Dothan's interference-with-easement claim. I would reverse the

judgment as to that claim.

Cook, J., concurs.

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City of Dothan v. Carroll Ben Powell, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-dothan-v-carroll-ben-powell-jr-ala-2023.