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Martin v. City of Linden

667 So. 2d 732 (1995)

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Martin v. City of Linden

Alabama Supreme Court
667 So. 2d 732 (1995)

Facts

Martin (plaintiff) owned land adjacent to a one-acre tract of land owned by the City of Linden (city) (defendant). The city purchased the one-acre tract of land to dig a well from which it could extract water for its residents. The city’s own water supply was unfit for consumption. The city planned to carry the water 15 miles from the pipeline to the city for use, including resale. The city offered to pay Martin for any damage that resulted from the city’s drilling. The city’s drilling had the potential to destroy all sources for freshwater in the area. The city had other ways to obtain freshwater without withdrawing water from the plot of land adjacent to Martin’s property. Martin sought to enjoin the city from drilling of the well, arguing that it would deplete or irreparably damage the water table beneath her farm. The trial court issued summary judgment in favor of the city. Martin appealed.

Rule of Law

Issue

Holding and Reasoning (Maddox, J.)

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