McCloud v. City of Irondale
McCloud v. City of Irondale
Opinion
The plaintiffs, John and Donna McCloud, appeal from a summary judgment in favor of the defendant, the City of Irondale, Alabama.1
The McClouds sued Irondale for damages, alleging (1) that Irondale had trespassed on their property, (2) that Irondale had intentionally caused groundwater and sewage to drain onto their property and had failed to correct the problem, and (3) that they were third-party beneficiaries of a "contract" between Irondale and the Jefferson County Community Block Grant Program and that Irondale had breached that contract. The trial court consolidated the McClouds' action with an action brought by Irondale to condemn the McClouds' property.
Irondale initially moved to dismiss the McClouds' claims. After the trial court denied its motion, it filed its answer and then moved for a summary judgment.2 After *Page 1273 receiving materials in support of the motion and materials in opposition to it, the trial court entered a summary judgment for Irondale on all of the McClouds' claims.3
A summary judgment is proper when "there is no genuine issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law." Rule 56(c)(3), A.R.Civ.P. To defeat a properly supported motion for summary judgment, the nonmoving party must present substantial evidence to support its claims. Ala. Code 1975, §
After reviewing the summary judgment motion and the materials submitted in support of the motion and those in opposition to it, we conclude that Irondale properly supported its motion and that the McClouds failed to present substantial evidence in support of any of their claims against the City of Irondale. Accordingly, the summary judgment is affirmed.
AFFIRMED.
HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.
Reference
- Full Case Name
- John McCloud and Donna McCloud v. City of Irondale.
- Cited By
- 9 cases
- Status
- Published