Code of Alabama
Ala. Code § 6-5-125 (2026)
Injunction Before Completion.
✓ official Alabama Legislature (ALISON) text, current July 2026
Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed.
(Code 1907, §5195; Code 1923, §9273; Code 1940, T. 7, §1083.)
Notes of Decisions
Cited in 5
cases, 1981–2008 · leading case: Parker v. Ashford, 661 So. 2d 213 (Ala. 1995).
Parker v. Ashford, 661 So. 2d 213 (Ala. 1995). “] Parker from any acts or actions in furtherance of constructing and operating a dirt racing track or any similar facility at the existing excavated location .”
Hall v. North Montgomery Materials, LLC, 39 So. 3d 159 (Ala. Civ. App. 2008). “” § 6-5-125, Ala.Code 1975. The burden of proof cast upon one seeking to enjoin a proposed enterprise as an anticipated nuisance is higher than the burden of proof cast upon one seeking to enjoin an existing enterprise as a nuisance.”
R D Trucking Co., Inc. v. Carter, 592 So. 2d 1040 (Ala. 1992). “Is a truck terminal a nuisance at all times and under all circumstances, regardless of location or surroundings? The defendant appeals from an order granting a permanent injunction against an anticipated nuisance, pursuant to Ala.Code 1975, § 6-5-125. The order “restrained and…”
Town of Hokes Bluff v. Butler, 404 So. 2d 623 (Ala. 1981). “Code 1975, § 6-5-125, provides that: Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is…”
Parker v. Ashford, 661 So. 2d 207 (Ala. 1995). “The defendant appeals from an order granting a permanent injunction against an anticipated nuisance, pursuant to Ala.Code 1975, § 6-5-125. That order “permanently enjoined and restrained [William H.”
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