Justia Mississippi Supreme Court Opinion Summaries

Floyd McKee contested the election after he was defeated by Joe Chandler in the Democratic primary run-off election for District 5 Supervisor of Clay County. After the Clay County Democratic Executive Committee (CCDEC) ruled in favor of Chandler, McKee filed a petition for judicial review with the Clay County Circuit Court. Chandler filed a motion to dismiss McKee’s petition, arguing that it was not timely filed. This interlocutory appeal stems from the circuit court’s denial of Chandler’s motion to dismiss. Finding that the circuit court erred in failing to grant Chandler’s motion to dismiss, the Supreme Court reversed the circuit court’s judgment and remanded this case back to the circuit court with instructions to dismiss McKee’s petition for judicial review. View "Chandler v. McKee" on Justia Law

The Pascagoula-Gautier School District and the City of Pascagoula took issue with the Jackson County Board of Supervisors’ approval of the Tax Assessor’s methodology in assessing taxes on Chevron’s leasehold interest in property it leased from Jackson County. After several years of litigation, and after the trial court had denied two motions to dismiss for lack of standing, the trial court sua sponte reversed course and granted the second motion to dismiss for lack of standing, reasoning that the School District and City lacked standing because Mississippi Code Section 11-51-77 did not specifically grant them standing. Because the School District and the City did not need to show a specific statute authorizing standing, and because they otherwise demonstrated standing, the Supreme Court reversed the trial court judgment on this issue. View "Pascagoula-Gautier Sch. Dist. v. Bd. of Supervisors of Jackson County" on Justia Law

After suffering a fall at work, Linda Mitchell returned to the same position she had before her injury, and continued to work for more than seven months until she was terminated for a cause unrelated to the injury. She then sought and was awarded disability benefits from the Mississippi Workers’ Compensation Commission. But because the Administrative Law Judge (ALJ) and Commission both failed to recognize that Mitchell’s return to work created a rebuttable presumption that she suffered no loss of earning capacity, the Supreme Court reversed the award of disability benefits and remanded this case to the Commission to apply the correct legal standard. View "Hudspeth Regional Center v. Mitchell" on Justia Law

H&G Land Company, L.P. entered into a lease agreement with APAC-Mississippi, Inc. (“APAC”), whereby APAC would operate an asphalt plant and mining operation on H&G’s land for a period of twenty years. H&G then filed an application for a special exception to extract sand and gravel on its property. The application included documentation concerning property, including ownership, government permits, insurance, a bond for reclamation of the property, and site proposals. Thereafter, the Panola County Land Development Commission held a series of hearings to consider H&G’s application. At the last hearing, the Commission denied the application and informed H&G that it could appeal to the Board, which reversed the Commission. At its next regularly scheduled meeting, the Board held a hearing to consider H&G’s request. Several local businesses and residents attended the meeting to oppose H&G’s request, so the Board permitted each side time to present their arguments. Following the presentations, the Board voted to approve H&G's application. The businesses and residents appealed. But finding no reversible error in the Board's approval, the Supreme Court affirmed. View "Como Steak House, Inc. v. Board of Supervisors of Panola County" on Justia Law

Henry Kinney filed several record requests under the Public Records Act regarding Leonard Bentz II's selection as Southern Mississippi Planning and Development District’s (District) executive director; however, some of Kinney’s requests were never fulfilled. As a result, Kinney filed a complaint seeking a declaratory judgment that the District be declared a public agency subject to the Mississippi Public Records Act, Mississippi Public Procurement laws, Open Meetings laws, Mississippi law regarding salaries/compensation of public officials, Mississippi Ethics in Government laws, Mississippi auditing requirements, Mississippi laws regarding removal of officers from public office, and other general provisions applicable to public office. Kinney also sought the selection of Bentz to be deemed invalid because it did not comply with Mississippi’s laws governing public agencies. As a result of Kinney’s suit, the District, joined by the Mississippi Association of Planning and Development District, Inc. (MAPDD), who intervened in the suit, filed motions for summary judgment. The chancery court granted the motions for summary judgment. Kinney appealed the chancery court’s decision. Finding no reversible error, the Supreme Court affirmed the chancery court’s decision in the case. View "Kinney v. So. Mississippi Planning & Development District, Inc." on Justia Law

The City of Jackson was unable to serve notice to Willie Jordan by certified mail that his property was subject to condemnation and demolition. The City tried notice by publication, and set a hearing for twelve days after the first publication date. The applicable statute required two weeks’ notice. Jordan did not appear at the condemnation hearing. The property was declared condemned, and the house on the property was ordered demolished. After the house was demolished, Jordan filed a notice of tort claim with the city. When he filed his complaint, he alternatively asserted a constitutional claim for deprivation of property without due process. After a bench trial, the trial court awarded Jordan $12,513.53. The city appealed. Finding no reversible error, the Supreme Court affirmed. View "City of Jackson v. Jordan" on Justia Law

While visiting the DeSoto County Civic Center, Cynthia Crider stepped in a hole that was obscured by grass. She was attending a high-school graduation at the Civic Center, operated by the DeSoto County Convention and Visitors Bureau. At the ceremony’s conclusion, Crider exited the Civic Center and proceeded across a grassy area to her car. As she crossed, Crider stepped in a hole obscured by overgrown grass. She fell and broke her ankle. Crider sued the Bureau, alleging that it failed to maintain the grassy area in a safe condition. The Bureau moved for summary judgment, claiming it enjoyed Mississippi Code Section 11-46-9(1)(v)’s immunity from certain premises-liability claims. In granting summary judgment, the trial judge reasoned that the Bureau enjoyed discretionary-function immunity because no statute mandated that it operate a civic center and because Crider failed to show any “laws or regulations . . . which would remove the Defendants’ particular acts (or inaction) from the ‘umbrella of discretionary function immunity.’” Crider appealed. Finding no reversible error, the Supreme Court affirmed. View "Crider v. DeSoto County Convention & Visitors Bureau" on Justia Law

The property of Riverboat Corporation, an ad valorem taxpayer, was subject to assessment by the Harrison County Board of Supervisors (“the Board”) because Riverboat owned certain personal and real property in Harrison County. The Mississippi Supreme Court was asked "to abandon the common law of this state, pronouncements of this Court, and customs and practices of trial courts across this state, all dating back to the nineteenth century, under the guise that today’s issue has not yet been squarely before" it and to "overrule a learned trial judge who, [. . .] determined a jury trial should be had in an appeal of a county’s ad valorem tax assessment." When Riverboat appealed its tax assessment, the Board requested a jury trial. Riverboat then moved for a bench trial, averring that there was no right to a jury trial in tax appeals. The trial court denied Riverboat's motion. The Supreme Court declined to rule against Mississippi precedent, and affirmed the trial court's denial of Riverboat's motion. View "Riverboat Corporation of Mississippi v. Harrison County Board of Supervisors" on Justia Law

Bay Point Properties Inc. filed inverse condemnation proceedings against the Mississippi Transportation Commission (MTC), claiming the easement MTC had across Bay Point’s property had terminated and that MTC was required to pay Bay Point the unencumbered value of the property. A jury determined the easement, for which the Commission had paid $50,000, continued to encumber the property, but that the use by MTC was not a highway purpose. The jury awarded Bay Point the encumbered value of $500. Bay Point appealed. After review, the Supreme Court affirmed in part and reversed in part, finding that trial court failed to follow Section 43-37-9’s mandate to “determine and award or allow . . . such sum as will, in the opinion of the court[,] . . . reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.” Thus, the Court remanded with instructions to the trial court to hold a hearing in compliance with Section 43-37-9. View "Bay Point Properties, Inc. v. Mississippi Transp. Comm'n" on Justia Law

Arrowood Indemnity Company, a member of the Mississippi Windstorm Underwriting Association (“the Windpool”), submitted its premium data as required for a post-Katrina data-correction process. Arrowood failed to claim the appropriate credits available to it by statute which, it alleged, resulted in a nearly five-million-dollar overpayment. Arrowood had based its data submission on incorrect information provided by the Windpool, so it requested an opportunity to submit the correct information. The Windpool denied its request because the deadline for corrections had passed. The Mississippi Insurance Commissioner and the Chancery Court affirmed the Windpool’s decision. After its review, the Mississippi Supreme Court found that the Windpool’s deadline was tolled under the facts of this case because its incorrect representation precipitated Arrowood’s incorrect data submission. The Court reversed the decisions of the Insurance Commissioner and the Hinds County Chancery Court and remanded this case for further proceedings. View "Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association" on Justia Law