ELR Citation: ELR 20343
No(s). 79-588 (Ala. Sep 25, 1981)

The court holds that construction of a municipal sewage treatment plant, although authorized by state law, was properly enjoined by the lower court as a nuisance. The court reaffirms the principle that "there can be no abatable nuisance for doing in a proper manner what is authorized by law." It rules, however, that location is a proper factor to be considered in determining whether a proposed sewer project is constructed in a proper manner. The court upholds the trial court's conclusion that construction of an open algoon facility at the proposed location would constitute a nuisance to those residing nearby, finding this conclusion to be supported by the evidence of record.

Counsel for Appellant
Clarence F. Rhea
Rhea, Boyd & Rhea
930 Forrest Ave., Gadsden AL 35901
(205) 547-6801

Counsel for Appellee
James F. Hinton
1031 Forrest Ave., Gadsden AL 35901
(205) 546-3302

TORBERT, C.J., and JONES, SHORES, BEATTY, and ADAMS, JJ., concur.

MADDOX, FAULKNER, and EMBRY, JJ., concur specially.