Supreme Court of Alabama

F Family South, LLC v. Property Owners Association of Ono Island, Inc. (Appeal from Baldwin Circuit Court…

May 17, 2024

Summary

The court held that the POA's challenge to the decades-old tax sale was barred by the common-law rule of repose, requiring reversal of the judgment invalidating the sale and vesting title in the POA. It nevertheless affirmed that the island was subject by implication to the general and local restrictive covenants because it was an integral part of the common canal system and had consistently been managed under those covenants. The case was remanded for further proceedings consistent with those rulings.