McCloud Obtains Summary Judgment in Jefferson County

Huie attorney Stewart McCloud recently obtained summary judgment in Jefferson County on behalf of three separate homeowners. The lawsuit involved the alleged increase in surface water draining on to the plaintiff’s downhill property. Mr. McCloud represented three families who purchased newly constructed ‘spec’ houses in Mountain Brook, Alabama. The lawsuit alleged that the plaintiffs began experiencing increased water runoff onto their property as the direct result of the newly constructed homes. In addition to asserting claims of negligence, trespass and nuisance, the plaintiffs sought permanent injunctive relief to abate the alleged water draining onto the plaintiffs’ property.

Summary judgment was granted based on the plaintiffs failure to establish that the defendant homeowners took any action to divert, redirect, or channel the flow of water from the defendants’ property onto the plaintiffs’ downhill property.