Hokes Bluff, Town of v. Butler
Citation: 12 ELR 20343
No. No. 79-588, 404 So. 2d 623/(Ala., 09/25/1981)
The court holds that construction of a municipal sewage treatment plant, although authorized by state law, was properly enjoined by the lower court as a nuisance. The court reaffirms the principle that "there can be no abatable nuisance for doing in a proper manner what is authorized by law." It rules, however, that location is a proper factor to be considered in determining whether a proposed sewer project is constructed in a proper manner. The court upholds the trial court's conclusion that construction of an open algoon facility at the proposed location would constitute a nuisance to those residing nearby, finding this conclusion to be supported by the evidence of record.
Counsel for Appellant
Clarence F. Rhea
Rhea, Boyd & Rhea
930 Forrest Ave., Gadsden AL 35901
Counsel for Appellee
James F. Hinton
1031 Forrest Ave., Gadsden AL 35901
TORBERT, C.J., and JONES, SHORES, BEATTY and ADAMS, JJ., concur.
MADDOX, FAULKNER and EMBRY, JJ., concur specially.