# Utilities Board of Daphne v. City of Fairhope

> Court of Civil Appeals of Alabama · September 22, 2000 · 778 So. 2d 839

URL: https://www.frixlaw.com/law-library/cases/7738926

## Case

- **Full name:** The Utilities Board of the City of Daphne v. the City of Fairhope.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** September 22, 2000
- **Citations:** 778 So. 2d 839; 2000 Ala. Civ. App. LEXIS 587
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Thompson, Robertson, Yates, Monroe, Crawley
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7738926

## Opinion text

CRAWLEY, Judge,
dissenting.
I respectfully dissent from this court’s affirmance of the order granting a preliminary injunction. I do not believe the City of Fairhope alleged or proved either that without the injunction it would suffer an irreparable injury or that it had no adequate remedy at law. If, as the City of Fairhope argues, the Daphne Utilities Board breached the 1950 contract, then Fairhope does have an adequate remedy at law, because it can recover damages. See Martin v. City of Linden, 667 So.2d 732 (Ala.1995).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7738926. Public record. Not legal advice.