Starnes attorneys Ben Presley, Tony Davis, and Sybil Newton secured a victory in the Alabama Supreme Court on behalf of an Alabama municipality in a case alleging nuisance, trespass, and negligence arising out of a flooding event.
Following a severe rain event in May 2023 during which the plaintiffs experienced significant flooding on their property, the plaintiffs sued the City alleging that the stormwater drainage infrastructure near their property was outdated and undersized, and that the City was negligent for failing to upgrade and replace the infrastructure. After discovery, the parties filed cross motions for summary judgment, and the trial court granted the plaintiffs’ motion, awarding monetary damages and entering a permanent injunction against the City. Significantly, the injunctive relief granted by the trial court would have effectively required the City to spend millions of dollars to upgrade and expand its stormwater infrastructure system. Starnes appealed to the Alabama Supreme Court, which held oral argument in March 2026. Ben Presley argued the case in Montgomery. Several Alabama municipalities filed an amicus brief in support of the City’s position, recognizing the importance of the public policy questions at issue in the appeal.
On June 26, 2026, the Alabama Supreme Court issued a 50+ page, unanimous opinion reversing the trial court’s judgment and directing that summary judgment be entered in the City’s favor on all claims. In an issue of first impression, the Alabama Supreme Court held that “upgrading a drainage system, like constructing one, is a decision that has community-wide impact, thus implicating a duty owed to the public as a whole and not to individual property owners,” and is “a question for the political branches of government, which must balance the competing needs and the competing desires of their voters with the need for drainage.” In addition to being a victory for our client, the Alabama Supreme Court’s published opinion provides important guidance and clarification for all Alabama municipalities relating to liability arising out of the creation and maintenance of stormwater drainage systems.
