Justia Mississippi Supreme Court Opinion Summaries

Marcus Wallace sought to run as an independent candidate in the June 4, 2013, mayoral election in Edwards, Mississippi. The Edwards Municipal Election Commission declined to place his name on the ballot, questioning the validity of certain signatures on Wallace’s petition for candidacy. Following an emergency appeal to the Supreme Court and a granted writ of mandamus directing the Commission to conduct a hearing, the Commission again denied Wallace’s petition to be placed on the ballot. Because the Supreme Court agreed with the determination of the Special Circuit Judge of the Second Judicial District of Hinds County that the Commission improperly applied Mississippi Code Section 1-3-76 (Rev. 2005), and because the Court found Wallace’s name should have been placed on the mayoral ballot, the Court affirmed. View "Election Commission of the Town of Edwards v. Wallace" on Justia Law

The Mississippi Department of Revenue assessed taxes, penalties, and interest against Isle of Capri Casino, Inc. and its affiliated entities for tax years 2004, 2005, 2006, and 2007. The Department based the assessment on the application of the license fees as a credit, claiming that only the tax liability of four Isle of Capri entities that actually held the licenses were eligible for offset, and could not benefit the affiliated group as a whole. Isle of Capri appealed the Department's assessment first to the Board of Review and then to the Board of Tax Appeals; both affirmed the assessment with minor changes. Isle of Capri appealed again, and the chancery court granted summary judgment in its favor. The Department subsequently appealed. Finding no error in the chancery court's decision, the Supreme Court affirmed. View "Mississippi Department of Revenue v. Isle of Capri Casino, Inc." on Justia Law

The Mississippi Department of Employment Security determined that distributors for Sara Lee Bakery Group, Inc. (now Earthgrains Bakery Group, Inc.) were agent drivers and commission drivers for Sara Lee, rather than independent contractors, such that Sara Lee was required to pay unemployment insurance taxes for the distributors. The circuit court affirmed, and Sara Lee appealed. Finding that MDES failed to apply the law correctly and that its decision was not supported by substantial evidence, the Supreme Court reversed and remanded the case for further proceedings. View "Earthgrains Bakery Group, Inc. v. Mississippi Dept. of Employment Security" on Justia Law

The Board of Aldermen for the City of Ridgeland denied Baymeadows, LLC's proposed repair plans to correct 1,478 cited code violations, and Baymeadows appealed. Upon review of the Board's decision, the Supreme Court held that the Board did not adequately state its rationale for denying the proposed plans. Therefore, the Court remanded the case back to the Board either to issue Baymeadows a permit or provide an appropriate factual basis for its denial. View "Baymeadows, LLC v. City of Ridgeland" on Justia Law

Riverbend Utilities, Inc. challenged the Mississippi Department of Environmental Quality Permit Board’s decision to grant tow groundwater withdrawal permits to the Harrison County Utility Authority. Finding no reversible error, the Supreme Court affirmed the Department’s decision. View "Riverbend Utilities, Inc. v. Mississippi Environmental Quality Permit Board" on Justia Law

The Jackson County Board of Supervisors terminated June Seaman, and she applied to the Mississippi Employment Security Commission (MESC) for unemployment benefits. A claims examiner, an administrative-law judge, and the Board of Review all determined that Seaman was entitled to unemployment benefits because Jackson County had failed to prove by clear and convincing, substantial evidence that Seaman had been terminated for misconduct. The circuit court affirmed the agency’s decision, but the Court of Appeals reversed, finding that the employer had proven misconduct by substantial evidence. After its review, the Supreme Court concluded the Court of Appeals improperly reweighed the evidence before the MESC. Therefore, the Supreme Court reversed the Court of Appeals and reinstated and affirmed the circuit court's judgment. View "Jackson County Board of Supervisors v. Mississippi Employment Security Commission" on Justia Law

Sherry Walker was denied disability benefits by the Public Employees’ Retirement System (PERS). The Circuit Court reversed PERS’s decision. The Court of Appeals reversed the circuit court, reinstating PERS’ denial of benefits. Upon review of the matter, the Supreme Court concluded PERS’ decision to deny Walker’s request for regular disability benefits was unsupported by substantial evidence. Accordingly, the Court reversed part of the appellate court's decision and reversed the Circuit Court's decision, and remanded the case with instructions to enter judgment in Walker’s favor on her regular disability benefits claim. View "Public Employees' Retirement System v. Walker" on Justia Law

The Securities and Charities Division of the Mississippi Secretary of State Office brought charges against Marshall Wolfe and Jack Harrington for securities violations pertaining to their operation of SteadiVest, LLC. The Secretary of State found that Wolfe and Harrington had violated Mississippi securities laws, and fines were levied against them. Wolfe and Harrington appealed, and the Chancery Court affirmed. Wolfe and Harrington then appealed to the Supreme Court. After review of the Circuit and Chancery Court records, the Supreme Court found that the chancellor did not err in affirming the Secretary of State's finding that Wolfe and Harrington had violated Mississippi Code Section 75-71-501. The Secretary of State's decision was supported by substantial evidence, was not arbitrary or capricious, did not go beyond the Secretary of State's power, and did not violate Wolfe's or Harrington's statutory or constitutional rights. However, the Court found the method used to assess penalties against Wolfe and Harrington was improper, and reversed on that issue. View "Harrington v. Ofc. of Mississippi Sec'y of State" on Justia Law

Psycamore, LLC, sought approval to operate a mental-health treatment facility in an area of Ocean Springs where the zoning ordinance allowed facilities for the examination and treatment of human patients. The City denied Psycamore’s application, but the circuit court reversed and the City appealed. Because the Supreme Court found that the City’s decision was arbitrary and capricious, it affirmed the circuit court’s ruling. View "City of Ocean Springs v. Psycamore, LLC" on Justia Law

Gloria Richmond Jackson appealed the Circuit Court Special Judge’s dismissal with prejudice of her petition for judicial review of an election contest, which contested the result of a Democratic primary runoff election. Jackson’s petition was dismissed for lack of jurisdiction, because she failed to attach two attorney certificates to her petition, as required by statute. Upon review, the Supreme Court found that the special judge erred by dismissing Jackson’s petition with prejudice for the nonmerits issue of lack of jurisdiction. Accordingly, the order of dismissal with prejudice was vacated and the case remanded back to the circuit court special judge with instruction to enter an order dismissing this action without prejudice. View "Jackson v. Bell" on Justia Law