Articles Posted in Government & Administrative Law

The Madison County Board of Supervisors (the Board) found Arlin George Hatfield, III (who raised “chickens, guinea fowl, and ducks”) violated a Madison County Zoning Ordinance (the Ordinance) section, which did not expressly permit raising and keeping fowl in residential neighborhoods. The Board’s decision was consistent with an earlier interpretation and application of the Ordinance section. Hatfield was sued in October 2013 a little over a year after purchasing a lot in the Deer Haven Subdivision, by the Deer Haven Owners Association (DHOA). The claim stemmed from his supposed violation of subdivision covenants that prohibited keeping or raising fowl4 and constructing structures—such as pens and coops—without DHOA approval. Hatfield alleges that while this lawsuit was pending, DHOA contacted and involved Scott Weeks, an administrator with the Madison County Planning and Zoning Department. Weeks inspected Hatfield’s property on February 18, 2015, and found Hatfield was violating the “R-1 Residential District” section of the Madison County Zoning Ordinance. Hatfield filed a Notice of Appeal and Intent to File Bill of Exceptions, arguing the Board’s decision was arbitrary and capricious, not supported by substantial evidence, and was based on an unconstitutionally vague Ordinance section. After review, based on the Board’s prior treatment of a similar matter and its construction of the applicable zoning law, the Mississippi Supreme Court found the Board’s decision was neither arbitrary nor capricious. The Court also found that, in light of the entire Ordinance, Hatfield had sufficient notice that keeping or raising fowl on residential property was prohibited. View "Hatfield v. Board of Supervisors of Madison County" on Justia Law

Craig Jones filed a petition for judicial review of the Tunica County Democratic Executive Committee’s (TCDEC) decision that he was not qualified to run in its primary for Tunica County Board of Supervisors, Beat Five position. The trial court found that Jones’ name should be on the primary ballot. TCDEC appealed, but failed to prosecute the appeal and kept Jones’ name off the primary ballot. The trial court then vacated the primary election one day before the general election, which took place and which was won by an independent candidate. Jones then petitioned under Mississippi Rule of Civil Procedure 60 for relief from the judgment vacating the primary election, which the trial court granted. Because the trial court lacked authority to enter the second and third orders, as no election contest was ever filed, the Mississippi Supreme Court vacated those orders and held the uncontested election results currently stand. View "Tunica County Democratic Executive Committee v. Jones" on Justia Law

The Mississippi Public Service Commission (MPSC) adopted a rule requiring utilities to waive utility deposits for certified domestic violence victims for a period of sixty days. The rule also required the utilities to keep the information regarding the domestic violence victims confidential and established penalties for violating that confidentiality. The Mississippi Rural Water Association, Inc. (“Water Association”) appealed, objecting to the promulgation of the new rule, but the chancery court affirmed the MPSC’s decision. The Mississippi Supreme Court found the MPSC lacked statutory authority to adopt any rule regulating the rates of nonprofit water utility associations and corporations. Accordingly, the Court reversed the order adopting the new rule and remanded this case to the MPSC for further proceedings. View "Mississippi Rural Water Association, Inc. v. Mississippi Public Service Comm'n" on Justia Law

Rita McIntosh appealed a circuit court’s judgment affirming the Mississippi Real Estate Commission’s disciplinary order against her, finding that McIntosh had engaged in “improper dealing.” According to the order, McIntosh, as exclusive agent of the seller, interjected herself into the lender’s appraiser selection process and then tried to keep the selected appraiser from completing the appraisal assignment. The Commission imposed a ninety-day suspension, plus a thirty-day suspension held in abeyance, along with eight months’ probation and continuing education courses. Because the Mississippi Supreme Court found McIntosh’s alleged conduct did not constitute improper dealing as contemplated by the Mississippi Real Estate Brokers License Act, it reversed rendered judgment in favor of McIntosh. View "McIntosh v. Mississippi Real Estate Comm'n" on Justia Law

Dr. Andy Barlow was disciplined by the Mississippi State Board of Chiropractic Examiners for advertising in violation of the statutes governing chiropractors. The complaint alleged that Dr. Barlow advertised using professional designations other than “chiropractor,” “doctor of chiropractic,” “D.C.,” or “chiropractic physician”; Dr. Barlow advertised as D.C., and also as DACNB, FACFN, and as a “Chiropractic Neurologist.” The Board levied a monetary penalty plus the costs of his prosecution. The circuit court affirmed the Board, and Dr. Barlow appealed to the Mississippi Supreme Court, alleging that the statute governing chiropractic advertising had been implicitly amended or repealed, that the statute governing chiropractic advertising violated his First Amendment rights, and that the Board was without authority to assess the costs of the investigation to him. Furthermore, he argued the circuit court erred by failing to afford him a “de novo appeal.” Because Dr. Barlow’s arguments on whether he should be disciplined lack merit, the Court affirmed the judgments of the Board and circuit court on those issues. However, because the Board lacked authority to directly assess Dr. Barlow the costs of its investigation, the Court reversed on the issue of costs. View "Barlow v. Miss.State Bd. of Chiropractic Examiners" on Justia Law

The Mississippi Supreme Court found that Tunica County failed to meet its burden of proof that Chapter Number 920, Local and Private Laws of 2004 (“House Bill 1002”) unconstitutional or otherwise unlawful. Tunica County sought review of a Circuit Court’s summary-judgment ruling that the law, which required the County to distribute portions of a revenue based gaming fee to the Town of Tunica and the Tunica County School District, was constitutional. Specifically, the County argued: House Bill 1002 deprived it of its property interest in the casino fees without due process of law; the distributions required by House Bill 1002 constituted an unlawful donation of public funds; House Bill 1002 impermissibly suspended certain general statutes and provided improper support for a common school; alternatively, the County alleged that House Bill 1002 violated Mississippi common law and that the current Board of Supervisors could not be bound by the decisions of prior Boards to comply with the law. The County asked the circuit court to declare House Bill 1002 unconstitutional and issue an injunction against the continued enforcement of the statute. The Supreme Court concluded the County lacked standing to challenge House Bill 1002 on due process grounds; notwithstanding, the County’s argument was without merit because its authority to impose the 3.2 percent gaming fee came from the Legislature, not the constitution. The Court concluded the arguments made with respect to the other issues the County raised on appeal were without merit. The Court affirmed the grant of summary judgment, but vacated on the award of attorney’s fees. The case was remanded for a determination of whether there was a legal basis for the award of fees, and if so, whether the requested amounts were reasonable. View "Tunica County v. Town of Tunica" on Justia Law

The Mississippi Commission on Judicial Performance charged Montgomery County Justice Court Judge Keith Roberts with misconduct for failing to follow the law in a case before him. Because the Supreme Court found that Judge Roberts committed judicial misconduct, and agreed that the recommended sanctions were appropriate, the Court ordered that Judge Roberts be publicly reprimanded, fined $3,000, and taxed with the costs of these proceedings. View "Miss. Com'm on Judicial Performance v. Roberts" on Justia Law

The Mississippi Commission on Judicial Performance filed a Formal Complaint charging Charles Vess, Justice Court Judge, South District, Adams County, with willful misconduct in office and conduct prejudicial to the administration ofjustice which brings the judicial office into disrepute in violation of Section 177A of the Mississippi Constitution. The Commission and Judge entered into a Stipulation of Agreed Facts and Proposed Recommendation, which was accepted unanimously by the Commission, providing that Judge had violated Canons 1, 2(A), 3(B)(2), 3(B)(4), and 3(B)(5) of the Code of Judicial Conduct and Section 177A of the Mississippi Constitution, and recommending that he be publicly reprimanded, suspended from office without pay for a period of thirty days, fined $1,100, and assessed costs of $200. After conducting a mandated review of the Commission’s recommendation consistent with Section 177A of Article 6 of the Mississippi Constitution, Rule 10 of the Rules of the Commission on Judicial Performance, Rule 10 of the Mississippi Rules of Appellate Procedure, and Mississippi caselaw, the Mississippi Supreme Court adopted the recommendation of the Commission and ordered that Judge be publicly reprimanded, suspended from office without pay for a period of thirty days, fined in the amount of $1,100, and assessed the costs of this proceeding in the amount of $200. View "Miss. Com'm on Judicial Performance v. Vess" on Justia Law

The Mississippi Department of Corrections (MDOC) appealed the Chancery Court’s order granting the Roderick & Solange MacArthur Justice Center’s (Justice Center’s) complaint for declaratory judgment, deeming MDOC in violation of the Mississippi Public Records Act (MPRA) and requiring MDOC to produce records sought by the Justice Center. In November 2014, the Justice Center made a request under the MPRA for records pertaining to MDOC’s process and protocol for lethal injections, as well as MDOC’s acquisition of chemicals it intended or considered for use in lethal-injection executions. MDOC responded to the Justice Center’s 2014 request, furnishing documents, some of which were redacted. The Supreme Court concluded it would have been “ludicrous for this Court to blindly follow” the Mississippi Public Records Act of 1983 (MPRA) as it existed in 2014 when the documents at issue were requested, and “act as though we did not know the law, as adopted by the Legislature in 2016 and readopted in 2017.” The Supreme Court concluded it had to apply the Public Records Act to the this case “as though it has always read as it reads today,” vacated the trial court’s judgment, and rendered a decision in favor of the Mississippi Department of Corrections (MDOC). View "Mississippi Dept.of Corrections v. Roderick & Solange MacArthur Justice Center" on Justia Law

The Town of Terry sought to annex five territories adjacent to the existing Town: Territory 1 to the north, Territory 2 to the west, Territory 3 to the east, Territory 4 to the northeast, and Territory 5 to the south. The Chancery Court of Hinds County determined such an extensive annexation was unreasonable. However, the chancellor partially granted the Town’s annexation request, finding their request for Territories 2 and 3 was reasonable. Some of the objectors appealed. Finding no error, the Supreme Court affirmed. View "In the Matter of the Enlargement & Extension of the Municipal Boundaries of the Town of Terry" on Justia Law