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

AFFIRMED. NO OPINION.

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

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.

MENDHEIM, Justice.

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.