PROPERTY - HOUSING AUTHORITY OF THE BIRMINGHAM DISTRICT V. LOGAN PROPERTIES, INC.
Housing Authority of the Birmingham District v. Logan Properties, Inc., [Ms. 1111015, Dec. 7, 2012] ___ So. 3d ___ (Ala. 2012). An inverse condemnation claim requires "direct physical injury upon [the plaintiff's] property," overruling McEachin v. City of Tuscaloosa, 164 Ala. 263, 51 So. 153 (1909), which allowed damages where the City cut down shade trees in the public right-of-way in front of the plaintiff's house. Here, the HABD attempted over six years to condemn the property of the plaintiff, including filing lis pendens notices. This effort caused tenants to leave the property and the plaintiff to lose financing. However, there was no trespass or other physical injury to the plaintiff's property, so the plaintiff did not have a claim for inverse condemnation. The Court reverses a judgment for the plaintiff due to the erroneous denial of the HABD's motion for judgment as a matter of law.