Justia Alabama Supreme Court Opinion Summaries

Novus Utilities, Inc. sought a writ of mandamus from the Supreme Court to direct the Cullman Circuit Court to dismiss negligence and private-nuisance claims against it as time-barred. Eleven property owners residing in Cullman County sued Defendants the Hanceville Water Works & Sewer Board and Southwest Water Company, alleging that the defendants had allowed approximately two million gallons of untreated raw sewage from the sewage-treatment facility operated by the Board to be discharged into waterways in Cullman County. They alleged that on January 21, 30, and 31, 2008, the sewage treatment facility released the untreated raw sewage, and that release created a health hazard and damaged and devalued their property. Novus was added as a defendant to the suit as a subsidiary of Southwest. Novus moved to dismiss claims against it. After careful consideration, the Supreme Court concluded the trial court was correct in denying Novus' motion to dismiss, and denied its petition for a writ of mandamus to quash the trial court's judgment. View "Roberts v. Hanceville Water Works & Sewer Board" on Justia Law

Defendants/Counterclaim Plaintiffs Charles Stephens and Stephens Properties, Inc. appealed a judgment entered on a jury verdict in favor of Fines Recycling, Inc. and its shareholders on claims stemming from a dispute over a commercial lease. Fines operated an scrap metal recycling business on Stephens' property. The State sent Fines a notice that it was illegally operating a solid waste dump on the property, and demanded the company cease operations until the waste was cleaned up. The shareholders pledged their stock to Stephens Properties as security for Fines' obligation to clean up the property. Following the completion of the cleanup, Stephens allegedly failed to return the stock certificates pledged by the Fines shareholders. The shareholders sued for the stocks' return; Stephens responded that the stock was subsequently used as a setoff for payment of back rent and other expenses relating to the cleanup. Upon review, the Supreme Court found that the trial court purported to certify its judgment as final, but that there were still pending counterclaims active in the case. The Court concluded that "the judgment on the jury verdict was not a final judgment, and, because of the nature of the pending issues, could not be transformed into a final judgment by a [final] certification." The Court reversed the trial court's certification and remanded the case for further proceedings. View "Stephens v. Fines Recycling, Inc." on Justia Law