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 trial court’s summary judgment in favor of Solid Ground Development, LLC, holding that the plaintiff had no property right to the entire original lake and that Solid Ground may lawfully divert water from its lake. The Court based its decision on established common‑law surface‑water rules and the common‑enemy doctrine, finding no evidentiary support for an easement or equitable right. Justice Murdock filed a brief concurrence agreeing with the result.