Supreme Court of Alabama
Hobbs v. Mobile County, 1100004 (Ala. 4-22-2011)
April 22, 20112011 Ala. LEXIS 55
Summary
The court held that the Hobbses' damages claims for negligence, wantonness, nuisance, and trespass were barred because they had not timely presented their claims to the County. It further held that the statutory presentment requirement did not bar their claim for an injunction to abate an alleged continuing trespass, because injunctive relief is historically equitable and legal damages were allegedly inadequate. The judgment was therefore affirmed in part, reversed in part, and remanded.