The Alabama Supreme Court affirmed on appeal a summary judgment obtained by partners M. Jansen Voss and Rachel J. Moore on behalf of a commercial trucking company in a surface water runoff case. During the construction of the company’s corporate office, the company hauled in hundreds of loads of fill dirt to improve their property. The fill dirt created a berm between the trucking company’s lower-lying property and the plaintiff’s upper-lying property. The berm prevented water from running off the plaintiff’s property onto the trucking company’s property.
Voss argued and won a summary judgment in favor of the trucking company at the trial court level arguing Alabama’s common enemy rule barred the plaintiff’s trespass claim. Under Alabama’s common enemy rule, surface water is regarded as a common enemy, and every landowner has the right, as a general rule, to take any measures necessary for the protection of his own property. City of Mountain Brook v. Beatty, 295 So. 2d 388 (Ala. 1974) The trial court agreed, and dismissed the plaintiff’s claims against the trucking company. The plaintiff appealed the trial court’s ruling. Partner Rachel Moore defended the trial court ruling on appeal.
On March 10, 2023, the Alabama Supreme Court agreed with Moore’s arguments and affirmed the trial court’s dismissal of Christian & Small’s trucking company client.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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