No. 24-1006

Lisa Antoine v. Oxmoor Preservation/One, LLC

Lower Court: Alabama
Docketed: 2025-03-20
Status: Denied
Type: Paid
Tags: 14th-amendment due-process equal-protection property-rights state-law water-drainage
Latest Conference: 2025-05-22
Question Presented (AI Summary)

QP: Does the 14th Amendment allow Alabama to deny Lisa Antoine equal protection and due process by imposing drainage restrictions and property access requirements that differ from historical water management practices?

Question Presented (from Petition)

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?

Docket Entries

2025-05-27
Petition DENIED.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-01-31

Attorneys

Lisa Antoine
Lisa Antoine — Petitioner
Lisa Antoine — Petitioner