Supreme Court of Alabama

Angela Young Purser v. Solid Ground Development, LLC

March 12, 20102010 Ala. LEXIS 36

Summary

The Supreme Court of Alabama affirmed the summary‑judgment ruling for Solid Ground, holding that the appellant had no easement or equitable right to the entire lake or to compel Solid Ground to maintain lake levels. The Court based its decision on the rule that owners of land beneath artificial, non‑navigable lakes have surface‑water rights only to water above their land and on the common‑enemy doctrine permitting landowners to divert water within municipal limits. Justice Murdock filed a concurring opinion agreeing with the result but emphasizing the lack of persuasive argument for an implied easement.