# Alabama Power Co. v. Drummond

> Supreme Court of Alabama · February 16, 1990 · 559 So. 2d 158

URL: https://www.frixlaw.com/law-library/cases/9934876

## Case

- **Full name:** Alabama Power Company v. Silvia Easterwood Drummond.
- **Court:** Supreme Court of Alabama
- **Decided:** February 16, 1990
- **Citations:** 559 So. 2d 158; 1990 Ala. LEXIS 112; 1990 WL 32977
- **Precedential status:** Published
- **Opinion:** Dissent by Steagall
- **Judges:** Hornsby, Houston, Steagall
- **Cited by:** 20 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/9934876

## How later opinions describe it (automated extraction)

- noting that a trial court has "broad power to fashion judgments"

## Opinion text

I concur in Justice Houston's dissent. I also point out that the majority opinion acknowledges that the appellee was aware of the flood easement. The appellant's flood easement was recorded, and it is undisputed that the appellee's landscape architect and designer had actual knowledge of the existence and location of that easement prior to the commencement of construction.
The appellee testified as follows:
"Q. And what did he [the designer] tell you?
"A. He told me he knew about it, but he didn't think anything would ever become of it.
"Q. He told you that he knew about it all along, didn't he?
"A. Yes.
"Q. In other words, your designated representative, your authorized man on the scene, knew all along that you were building your addition in the flood easement?
"A. That's right.
"Q. How about Mr. Starbuck [the landscape architect], what did he tell you?
"A. I think he knew about it, too.
"Q. So, here we have the two people that you had sort of authorized to act on your behalf, and they both knew all along; didn't they?
"A. Yes, sir."
Even under a "balancing of the equities" test, in my opinion, this knowledge of the easement prior to construction should weigh heavily in favor of the appellant.
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934876. Public record. Not legal advice.