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Lisa Antoine v. Oxmoor Preservation/One, LLC

Paid petition · Court of Civil Appeals of Alabama, No. CL-2024-0453 · judgment August 23, 2024


Certiorari denied · May 27, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the 14th Amendment of the United States Constitution allow the State of Alabama to deny Lisa Antoine equal protection under the law and due process by: 1) permanently prohibiting her from obstructing the flow of surface waters that drain from Oxmoor Preservation/One LLC's property in the city of Birmingham onto her ' property in the city of Birmingham, 2) requiring her to build and maintain a drainage system on her property to direct water away from Oxmoor Preservation/One LLC's property, and if she fails to do so, 3) allowing Oxmoor Preservation/One LLC to enter her property and construct the drainage system? This, while granting all other property owners in Alabama’s cities and incorporated towns, since 1904, the right to defend against surface water by building barriers on their property to obstruct water from neighboring properties, as well as taking any necessary measures to protect their property?

Counsel of record

For petitioner
Lisa Antoine

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 27 2025
    Petition DENIED.
  2. May 06 2025
    DISTRIBUTED for Conference of 5/22/2025.
  3. Jan 31 2025
    Petition for a writ of certiorari filed. (Response due April 21, 2025)