790 Montclair, LLC v. the Station at Crestline Heights, LLC; Valley National Bank; Ard Contracting, Inc.; Birmingham…

Summary

The Supreme Court of Alabama affirmed the denial of a preliminary injunction sought to prevent an apartment developer from using a new entrance connecting its property to Dan Hudson Drive. The court held that the easement agreement covered only access facilities depicted on the incorporated exhibit, which did not depict the sidewalk where the entrance was constructed, and that the plaintiff failed to establish the requirements for injunctive relief. The court also concluded that any injury was compensable by damages and that the hardship of blocking access outweighed any benefit to the plaintiff.