Clinton Hobbs and Wanda Hobbs v. Mobile County

Summary

The Alabama Supreme Court reviewed the dismissal of Clinton and Wanda Hobbs's claims against Mobile County arising from alleged negligent drainage-system design, construction, and maintenance that caused continuing flooding and property damage. The court held that the statutory presentment requirements barred the negligence, wantonness, nuisance, and trespass damages claims, but did not bar the claim seeking historically equitable injunctive relief to abate the continuing trespass. The judgment was affirmed in part, reversed in part, and remanded.

Holdings

1. The Hobbses' claims for damages based on negligence, wantonness, nuisance, and trespass were barred because they conceded that they had not presented their claims to the county commission within 12 months after accrual.
2. The presentment requirements did not bar the Hobbses' claim for an injunction seeking abatement of a continuing trespass and nuisance because the claim sought historically equitable relief.

Questions Presented

1. Whether the Hobbses' negligence, wantonness, nuisance, and trespass claims against Mobile County were barred by their failure to present claims to the county commission within the statutory period.
2. Whether the statutory presentment requirements applied to the Hobbses' claim for injunctive relief seeking abatement of an alleged continuing trespass and nuisance.

Disposition

reversed_and_remanded