Justia Mississippi Supreme Court Opinion Summaries

Articles Posted in Government & Administrative Law
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Robert Sheffield was injured on the job while working for S.J. Louis Construction (S.J. Louis). Sheffield filed a petition to contravert, and the administrative law judge (AJ) awarded Sheffield permanent-partial disability benefits. S.J. Louis appealed the decision to the full Mississippi Workers’ Compensation Commission (Commission), and the Commission reversed this finding, concluding that Sheffield did not suffer any additional disability from the 2015 injury than that caused by a 2010 injury. Sheffield appealed, and the Court of Appeals reversed the Commission’s decision. S.J. Louis filed a petition for writ of certiorari with the Mississippi Supreme Court. Because the Supreme Court found, after review, that the Commission’s decision was supported by substantial evidence, it reinstated and affirmed that decision. View "Sheffield v. S.J. Louis Construction Inc." on Justia Law

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Following a heavy rain on April 2-3, 2017, several homes in the Mill Creek Place Subdivision in Rankin County, Mississippi flooded and were damaged. Several homeowners, whose homes had been damaged, sued the County for failing to properly maintain Mill Creek, which is adjacent to the Mill Creek Place Subdivision. Rankin County filed a Mississippi Rule of Civil Procedure 12(b)(6) motion to dismiss the complaint. The trial court granted Rankin County’s motion, finding that Rankin County was immune from liability—specifically discretionary function immunity—under the Mississippi Tort Claims Act. The homeowners appealed, arguing that Rankin County is not immune. The Mississippi Supreme Court reversed. Taking all of the allegations of the plaintiffs’ complaint as true, Rankin County’s alleged failure to maintain Mill Creek was a case of simple negligence, and "such maintenance decisions do not involve policy considerations." The Court therefore determined the trial court erred by dismissing the complaint based on discretionary function immunity. View "Moses v. Rankin County" on Justia Law

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The mayor and board of aldermen of the Town of Leakesville, Mississippi adopted an ordinance extending and enlarging the boundaries of the town. The Greene County Chancery Court found Leakesville’s annexation request to be reasonable and entered a decree approving the annexation ordinance. Ollie Mae Clay, Crystal Collins, Christine Holloway, Jimetra Holloway, Voncile Holmes, Latiana Jones, Briggett Peters, Jacques Smith, Martin Ray Smith, Marcia Taylor, Clifton Thomas, Glenda Thomas, Jimmy Washington, and Pinchey Woullard (“Opponents”) appealed, contending the chancellor erred in his findings on seven of the twelve reasonableness factors, and that the chancellor’s findings in those areas were manifestly wrong and not supported by substantial and credible evidence. Find that the chancellor’s approval of the annexation request was supported by the record, the Mississippi Supreme Court affirmed. View "In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the Town of Leakesville, Greene County, Mississippi" on Justia Law

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The Tippah County Board of Supervisors abandoned a public road, then rescinded its decision a year and a half later without giving notice to the owners of the land on which the road was located. The Mississippi Supreme Court concluded that doing so violated the landowners’ due-process rights, so it affirmed the circuit court’s order voiding the recision order. View "Tippah County v. Lerose" on Justia Law

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The Jackson Redevelopment Authority (JRA) leased several parcels along Farish Street in Jackson, Mississippi to the Farish Street Group (FSG). In exchange for a long-term lease and other favorable terms, FSG was given a set period of time to renovate the properties and to sublet them to retail establishments. Watkins Development, which owned half of FSG, contracted with FSG to do the renovations. The plan was to build an entertainment district on Farish Street, but after a few years only a fraction of the renovations were done, and none of the properties were occupied by tenants. JRA terminated the lease, and this litigation followed. The Chancery Court ultimately found that the lease was properly terminated, that no party had shown it was entitled to money damages, and that Watkins Development could not take a mechanic’s lien on the property. Finding no reversible error in that judgment, the Mississippi Supreme Court affirmed. View "Watkins Development, LLC v. Jackson Redevelopment Authority" on Justia Law

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Benjamin Robinson drove his employer’s vehicle into the rear end of a stopped Holmes County garbage truck. The garbage truck was stopped picking up garbage on the side of the highway in dense fog. Robinson sued Holmes County and his uninsured motorist carrier, Brierfield Insurance Company. Robinson claimed Holmes County was negligent in its operation of the garbage truck. Robinson also asserted a breach of contract claim, stating that Brierfield Insurance Company breached the insurance contract by denying him uninsured motorist benefits. The trial court granted summary judgment and found not only that Holmes County was not negligent but also that it was immune under the Mississippi Tort Claims Act. The trial court further found that, since Holmes County was not negligent, Brierfield also was not liable as the uninsured motorist insurance provider. Robinson appealed, but finding no reversible error, the Mississippi Supreme Court affirmed granting summary judgment to Holmes County and Brierfield Insurance Company. View "Robinson v. Holmes County, Mississippi" on Justia Law

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The Mississippi Supreme Court granted the petition of the Mississippi Department of Public Safety (MDPS) for certiorari review of the Court of Appeals’ decision that Chelsey Ferguson needed no longer register under the Mississippi Sex Offenders Registration Law (the Act) due to the expungement of her misdemeanor sex offense. Because Mississippi Code Section 45-33-55 (Rev. 2015) exempted sex offenses from orders of expungement to the extent that the information concerning those offenses was authorized for dissemination under the Act, the Supreme Court reversed the Court of Appeals’ decision and reinstated the circuit court’s judgment. View "Ferguson v. Mississippi Department of Public Safety" on Justia Law

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Walter Jones appeals the order of the Circuit Court of Madison County affirming his removal as trustee of the Canton Public School District (CPSD) by the Board of Aldermen (the Board) of the City of Canton (the City). Jones argued the Board lacked the authority to remove him as a public official. Finding that the Board’s actions were prohibited by the Mississippi Constitution, the Mississippi Supreme Court agreed: because the Board’s authority was based on a city ordinance inconsistent with the Mississippi Constitution and because the Board’s action violated Jones’s right to due process, the Supreme Court reversed the circuit court’s decision to affirm the Board’s removal of Jones as school-board trustee. View "Jones v. City of Canton, Mississippi" on Justia Law

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The DeSoto County Board of Supervisors denied Standard Construction Company’s application for a condition use permit to mine sand and gravel. In September 2017, the circuit court, sitting as an appellate court, reversed the Board's decision. Eleven days later, DeSoto County filed a motion seeking rehearing under Mississippi Rule of Appellate Procedure 40. On December 22, 2017, the circuit court denied the motion. On January 3, 2018, DeSoto County filed a notice of appeal “from the final judgment entered in this case on September 29, 2017 and the denial of the Motion for Rehearing by order entered on December 22, 2017.” The Mississippi Court of Appeals dismissed DeSoto County’s entire appeal as untimely because the motion for rehearing did not toll the thirty-day time period for filing a notice of appeal under Mississippi Rule of Appellate Procedure 4(a). While the Mississippi Supreme Court agreed the appeal of the September 29, 2017 order was untimely and should have been dismissed, DeSoto County timely appealed the circuit court’s order of December 22, 2017. Even though the appeal of the December order denying the motion for rehearing was timely, the Supreme Court held DeSoto County waived any argument that the circuit court abused its discretion in denying the motion. Accordingly, the Supreme Court affirmed the circuit court’s judgment. View "DeSoto County, Mississippi v. Standard Construction Company, Inc." on Justia Law

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In chancery court, Plaintiffs challenged the two sources of funding for charter schools provided for under the Mississippi Charter Schools Act of 2013. Plaintiffs contended the Act was unconstitutional under Article 8, Sections 206 and 208, of the Mississippi Constitution. Also, one of the charter-school intervenors maintained that Plaintiffs lacked standing to bring the suit. The chancellor held that the Plaintiffs did have standing to sue and that they did not prove that either source of funding was unconstitutional. Before the Mississippi Supreme Court, Plaintiffs concentrated their argument under Article 8, Section 206, of the Mississippi Constitution, alleging that a charter school’s ad valorem funding was unconstitutional. They did not appeal the chancellor’s ruling concerning per-pupil funds. The Jackson Public School District (JPS) maintained that the chancellor erred in denying its motion to be dismissed from the suit. After review, the Supreme Court affirmed the chancery court, agreeing Plaintiffs had standing to sue, and that they did not meet their burden to demonstrate that Section 37-28-55 was unconstitutional. The Court found JPS’s arguments concerning its motion to dismiss were waived on appeal for failure to raise the issue in a cross-appeal. View "Araujo v. Bryant" on Justia Law