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Johnson v. Bryant

Citation: 8 ELR 20063
No. No. SC-2421, 350 So. 2d 433/(Ala., 11/21/1977)

The Supreme Court of Alabama reverses the granting of an injunction against the construction of a boathouse at the end of a pier extending over a navigable creek. Despite the finding below that the proposed boathouse would constitute a nuisance and a prospective breach of a restrictive covenant applicable to the property to which the pier was attached, the court rules that because the defendant had previously obtained a permit from the Army Corps of Engineers and other necessary approval from state authorities, subsequent challenges to such construction based upon common law nuisance principles were foreclosed. In addition, covenants restricting the construction of particular types of structures upon shoreline property do not apply to such structures if built above adjacent waters.

Counsel for Plaintiffs-Appellees
Thomas B. Norton, Jr.
P.O. Box 300, Bay Minette AL 36507
(205) 937-5506

Counsel for Defendant-Appellant
John Earle Chason, Allan R. Chason
Chason & Chason
119 Hoyle Ave., P.O. Box 120, Bay Minette AL 36507
(205) 937-2121

TORBERT, C.J., and BLOODWORTH, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.