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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
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
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 27 2025Petition DENIED.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- Jan 31 2025Petition for a writ of certiorari filed. (Response due April 21, 2025)