Lowndes County v. McClanahan

After the Lowndes County Board of Supervisors voted to abandon a railroad crossing, the county put up a barricade. Residents affected by the barricade filed two separate motions for reconsideration, and the Board held a second meeting in which it affirmed the abandonment but ordered the barricade removed. The residents filed a bill of exceptions which reversed the Board’s decision to abandon the crossing. The Court of Appeals reversed the circuit court, holding it had no jurisdiction to hear the bill of exceptions. After review, the Supreme Court found that, although the circuit court had appellate jurisdiction to review the Board’s second decision, it lacked jurisdiction to consider the Board’s original decision. So the judgments of the Court of Appeals and the circuit court were reversed, and the case remanded for the circuit court to consider only whether the Board’s second order complied with the statutory procedure for abandoning a road. View "Lowndes County v. McClanahan" on Justia Law