City of Daphne v. FannonAnnotate this Case
The City of Daphne ("the City") appealed a circuit court judgment entered in favor of David and Sarah Fannon, in an action seeking damages pursuant to section 235, Ala. Const. 1901, for the taking of, injury to, or destruction of the Fannons' property for public use. In 1990, the Fannons purchased an unimproved lot on Lovett Lane in Daphne and constructed a house on that lot. To the north of, and parallel to, their lot was a 30-foot right- of-way that was owned by the City. A streambed that was approximately three feet wide meandered along the right-of-way, partially onto the Fannons' lot, and back into the right-of-way and then into Mobile Bay. Also, the right-of-way was wooded and heavily covered with vegetation. The Fannons placed an 18-inch-diameter PVC pipe under the foundation of their house and along the path of the streambed where it meandered onto their lot so that the water would continue to flow into the Bay. Over time, the City made changes to the right-of-way, taking out vegetation and covered it with sand and riprap. Years later, City workers removed the riprap and installed a pipe that dumped into the streamed near the Fannons' property. This changed the water flow around the Fannon property, causing washout and flooding due to increased velocity of water flowing through the City's pipe. A jury ultimately returned a verdict in favor of the Fannons, awarding them compensatory damages on their inverse-condemnation claim. The City appealed. After review, the Alabama Supreme Court concurred with the trial court on the trial court's judgment with respect to trespass and negligence; it reversed, however, with respect to inverse-condemnation and remanded for further proceedings.