Justia Mississippi Supreme Court Opinion Summaries

Kyle Dew and Mossy Woods & Waters LLC were sued by Greenwood Leflore Consolidated School District and Mossy Brake Hunting Club, who claimed exclusive ownership of a portion of Mossy Lake located on sixteenth section land in Leflore County, Mississippi. The School District leases this section of the lake to the hunting club for recreational purposes and alleged that Dew trespassed on its property while on Mossy Lake. Dew countered that Mossy Lake is a public waterbody, and as a littoral landowner, he had the right to use the lake. He also argued that the public waters trust should take precedence over the sixteenth section trust.The Leflore County Chancery Court reviewed cross-motions for summary judgment and declaratory judgment. After a hearing and site visit, the chancery court found that the sixteenth section trust was superior to the public waters trust, quieted title to the relevant portion of Mossy Lake in favor of the School District and the hunting club, and enjoined Dew from using that section of the lake. The court also found Dew had not established adverse possession or a prescriptive right and rejected his claims for injunctive relief and attorneys’ fees.On appeal, the Supreme Court of Mississippi held that Mossy Lake, being navigable and an oxbow lake, is part of the public waters trust and never accrued to the sixteenth section land. The Court found that the School District does not have the right to exclude citizens who legally access the waters of Mossy Lake. The Supreme Court of Mississippi reversed the judgment of the Leflore County Chancery Court on all issues and remanded the case for further proceedings consistent with its opinion. View "Dew v. Greenwood Leflore Consolidated School District" on Justia Law

Elliott Land Developments LLC sought to rezone approximately 31.8 acres of property owned by Michael and Winona Aguzin in Jackson County, Mississippi, from agricultural (A-1) to single-family residential (R-1) in order to develop a subdivision. The Jackson County Planning Commission held a hearing, where both supporters and opponents presented evidence and arguments. Elliott Land relied on a Land Use Report showing recent development, improved infrastructure, and a purported public need for more housing. Several residents opposed the rezoning, citing concerns about drainage, traffic, and a desire to maintain the rural character of the area. The Planning Commission recommended approval of the rezoning.An adjacent property owner, Marisa Lamey, appealed the Planning Commission’s recommendation to the Jackson County Board of Supervisors. Elliott Land challenged the sufficiency and timeliness of Lamey’s notice of appeal, but the Board chose to hear the appeal. After a hearing with testimony from multiple residents, the Board of Supervisors voted four-to-one to deny the rezoning application, finding insufficient evidence of a change in the character of the neighborhood or a public need for rezoning. Elliott Land appealed to the Jackson County Circuit Court, arguing the Board’s decision was arbitrary and capricious and that the appeal was not properly before the Board. The circuit court affirmed the Board’s decision, finding it was supported by substantial evidence and not arbitrary or capricious.On further appeal, the Supreme Court of Mississippi held that the appeal was properly before the Board of Supervisors, that the question of whether Elliott Land met its burden was fairly debatable based on substantial evidence from both sides, and that the Board’s denial was not arbitrary or capricious. The Supreme Court of Mississippi affirmed the circuit court’s judgment. View "Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi" on Justia Law

After the death of Gary Wayne Johnson, who died without a will in 2021, his sister, Zoa Ann Manners, opened his estate and filed a creditor’s claim. Her claim was based on a document titled “Article of Agreement,” which Gary had prepared, signed, and delivered to her in 2002. Zoa Ann argued that this document created a contractual obligation for Gary, and subsequently his estate, to distribute a one-fourth interest in certain real property (specifically, Lots 12 and 13 of Lenzi Farms Subdivision) to her and her sisters, in accordance with their parents’ wills. The document was notarized but never recorded, and its language referenced the parents’ testamentary intentions.The Chancery Court of Marshall County held a hearing on Zoa Ann’s claim. After considering her testimony and the document, the chancery court found that the Article of Agreement was ambiguous, lacked sufficient clarity to convey a present interest in land, and did not meet the requirements of a deed or a contract. The court denied her claim against the estate. Zoa Ann appealed, and the Mississippi Court of Appeals reversed the chancery court’s decision, holding that the Article of Agreement did constitute a valid deed conveying a vested future interest in the property, and remanded the case for further proceedings.The Supreme Court of Mississippi reviewed the case on certiorari. It held that the Article of Agreement did not create a contractual obligation nor did it operate as a valid deed, as it failed to convey a present interest in the property and was testamentary in nature. The Supreme Court reversed the judgment of the Court of Appeals and reinstated and affirmed the judgment of the Chancery Court of Marshall County, denying Zoa Ann’s claim. View "In the Matter of the Estate of Gary Wayne Johnson v. The Estate of Gary Wayne Johnson" on Justia Law

A dispute arose when a private company constructed and operated a large LED billboard on property owned by a state agency, the Mississippi Department of Agriculture and Commerce (MDAC), within the City of Jackson. The billboard was built pursuant to a licensing agreement between MDAC and the company, Busby Outdoor, LLC, and was located on the State Fairgrounds. The City of Jackson, joined by other plaintiffs, claimed that the billboard violated the City’s sign and zoning ordinances because it was erected without a permit or variance and sought to enjoin its operation, also alleging it constituted a public nuisance.The Hinds County Chancery Court reviewed the matter after the City, The Lamar Company, LLC, and a former mayor filed suit. The court required MDAC to be added as a necessary party. After considering motions to dismiss and for summary judgment, the chancery court found that the City had standing but dismissed the other plaintiffs for lack of standing. The court held that MDAC and Busby were required to comply with the City’s sign ordinance, though it found the zoning ordinance did not apply due to a specific exemption for state institutions. The court further determined the billboard was a public nuisance because of its violation of the sign ordinance and issued an injunction halting its operation until compliance.On appeal, the Supreme Court of Mississippi reviewed the case de novo. The Court held that, absent a specific statutory provision subjecting the state or its agencies to municipal ordinances, the City could not enforce its sign ordinance against the state on state-owned property. The Court found that the relevant statutes did not expressly or by necessary implication grant the City such authority over MDAC’s property. Accordingly, the Supreme Court of Mississippi reversed the chancery court’s judgment, vacated the injunction, and rendered judgment in favor of MDAC and Busby, dismissing the City’s complaint with prejudice. View "Busby Outdoor LLC v. City of Jackson" on Justia Law

Christopher Doby was shot on August 23, 2019, at South Park Village Apartments in Laurel, Mississippi. Christopher and Cheyveon Doby filed a lawsuit against South Park Village Apartments, its management company, Millennia Housing Management, and its owners, South Park MS, LLC, and South Park MS Investment, LLC. The complaint alleged that South Park failed to maintain the premises in a reasonably safe condition, provide adequate security, repair or maintain fences, gates, and locks, and warn tenants and guests of dangerous conditions. It also claimed that South Park knew or should have known of prior criminal acts on the property and failed to take reasonable measures to prevent future criminal activity.The Jones County Circuit Court dismissed the complaint under Mississippi Rule of Civil Procedure 12(b)(6), finding that the complaint alleged only general negligence and did not contain allegations that South Park affirmatively impelled the third party’s conduct. The court also dismissed Cheyveon Doby’s claims, noting that the complaint made no specific allegations concerning him. The Dobys filed a motion for reconsideration, which the trial court denied, leading to the current appeal.The Supreme Court of Mississippi reviewed the case de novo and held that the allegations in the complaint, taken as true, were sufficient to state a claim for relief under Mississippi’s notice pleading standard. The court found that the complaint provided reasonable notice of the claims against South Park and demonstrated a recognized cause of action upon which Christopher Doby might prevail. However, the court affirmed the dismissal of Cheyveon Doby’s claims due to the lack of specific allegations pertaining to him. Consequently, the Supreme Court of Mississippi affirmed in part, reversed in part, and remanded the case for further proceedings regarding Christopher Doby’s claims. View "Doby v. South Park Village Apartments" on Justia Law

William H. Tatum Jr. was convicted of bank fraud and had a $15,284,348 restitution judgment against him. He owned a 50% membership interest in Tatum Land and Cattle Company, LLC (TLCC). Upon his death in 2018, his estate, including his TLCC interest, was left to his wife, Betsy Gay Roberts-Tatum. Betsy died in 2020, and her son, Zachary I. Haynie, became the executor of her estate. Darrell Tatum, William’s grandson, was appointed executor of William’s estate. The United States, Peoples Bank, and John Deere Financial filed claims against William’s estate.The Tippah County Chancery Court admitted William’s will to probate and appointed Gay as executrix. After Gay’s death, Darrell was appointed as successor executor. Darrell petitioned for the public sale of William’s TLCC interest to satisfy estate debts. Zach opposed, seeking to enforce the TLCC operating agreement’s buyout provision. The chancellor ordered the public sale, which resulted in Joe Tatum purchasing the interest for $675,000. Zach objected, arguing the sale price was inadequate and sought relief, including assignment of the promissory note and deed of trust from Peoples Bank.The Supreme Court of Mississippi reviewed the case. The court found that any additional funds recovered from the estate would go to the United States due to the restitution judgment, rendering Zach’s claims moot. The court dismissed the appeal as moot, noting that a decision would not benefit Zach practically since the United States would claim any additional funds. The court affirmed the chancellor’s decisions, including the public sale and denial of Zach’s motions. View "In The Matter of The Estate Tatum" on Justia Law

Shanda Yates was bitten by a pit bull named Yurk while visiting her friend Neah Friar, who rented a property from TLM Investments, LLC. Friar's lease had a no-pet provision, which she disregarded by keeping Yurk and concealing his presence from TLM. Yates filed a personal injury claim against both Friar and TLM, alleging negligence on TLM's part for allowing Yurk on the property and claiming protections under the lease.The Prentiss County Circuit Court denied TLM's motion for summary judgment, leading to an interlocutory appeal. TLM argued that it had no knowledge of Yurk's presence or his dangerous propensities, as Friar had intentionally concealed the dog. TLM also contended that Yates failed to establish herself as an intended third-party beneficiary under the lease.The Supreme Court of Mississippi reviewed the case de novo and found that Yates did not provide evidence that TLM had actual or constructive knowledge of Yurk or his dangerous propensities. The court noted that the no-pet provision in the lease was not an admission that all dogs are dangerous but was intended to prevent property damage. Additionally, the court found that Yates did not have standing to claim protections under the lease as she was not a party to it and was not an intended third-party beneficiary.The Supreme Court of Mississippi reversed the trial court's denial of summary judgment, rendered summary judgment in favor of TLM, and remanded the case to the Prentiss County Circuit Court for any necessary further proceedings. The case against TLM was dismissed with prejudice. View "TLM Investments, LLC v. Yates" on Justia Law

The case involves the Mississippi Apartment Association (MAA) and other property owners challenging an ordinance adopted by the Jackson City Council. The ordinance imposed registration and inspection requirements on rental housing units in Jackson. MAA appealed the city council's decision in the Hinds County Circuit Court but did not request a stay of the ordinance's implementation. Subsequently, MAA filed a separate action in the Hinds County Chancery Court seeking injunctions against the ordinance's enforcement, arguing that the planning department's interpretation and enforcement of the ordinance were unlawful.The Hinds County Chancery Court dismissed MAA's claims for lack of jurisdiction, stating that the circuit court had exclusive jurisdiction over the appeal of the city council's decision under Mississippi Code Section 11-51-75. The chancery court found that the circuit court also had pendent jurisdiction over MAA's equitable claims regarding the ordinance's enforcement.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the circuit court had exclusive jurisdiction over the appeal of the city council's decision and pendent jurisdiction over related claims regarding the ordinance's enforcement. The court emphasized that allowing a separate action in the chancery court could lead to contradictory rulings and confusion. The court also noted that MAA had an adequate remedy at law in the circuit court and could have requested a stay of the ordinance's implementation under Mississippi Rule of Civil Procedure 62. View "Mississippi Apartment Association v. City of Jackson" on Justia Law

Emmett Hotard acquired two lots in Hancock County in 2006 and used one as security for a loan from The Peoples Bank. After defaulting on the loan and failing to pay property taxes, Lot 17 was sold at a tax sale to Ken Foreman in 2012. The bank later assigned its interest to Emmett's brother, Eric Hotard, who initiated foreclosure proceedings. Eric's company, DHP1, LLC, purchased the lots at a foreclosure sale in 2014. The chancery clerk sent a notice of the tax sale to Emmett, which was returned undelivered. Notices were also sent to lienholders, including Eric.The Hancock County Chancery Court found that the chancery clerk failed to satisfy statutory notice requirements for the tax sale and declared the sale void. The court granted summary judgment in favor of DHP1, LLC, and voided the tax deed to Ken Foreman and the subsequent quitclaim deed to Baron Foreman, who had acquired Lot 17 from Ken.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that Emmett, as the record owner 180 days before the redemption period expired, was entitled to notice. The chancery clerk failed to provide proper notice by certified mail or personal service and did not conduct a diligent search for Emmett's address, which was easily discoverable in the land records. The court emphasized that any deviation from the statutory notice requirements renders a tax sale void. Consequently, the tax sale was declared void, and summary judgment in favor of DHP1, LLC, was affirmed. View "Foreman v. DHP1, LLC" on Justia Law

Linda Lee owned a motel in Pascagoula, Mississippi, which had deteriorated significantly and was being used improperly, attracting vagrants and drug users. The city council ordered the demolition of the motel after a hearing, citing it as a menace to public health and safety. Lee did not attend the hearing, but her son did. The city council decided the motel was beyond repair and ordered its demolition.Lee appealed the city council's decision to the Jackson County Circuit Court, arguing that the city failed to provide substantial evidence and did not comply with statutory notice provisions. The Circuit Court affirmed the city's decision. Lee then appealed to the Court of Appeals, which found that the city’s notice was insufficient and reversed and remanded the case for further determination.The Supreme Court of Mississippi reviewed the case on certiorari. The court found that the appeal was moot because the motel had already been demolished by a new owner, as admitted by Lee in her appellate filings. Additionally, Lee lacked standing to pursue the appeal because she had transferred the property to her son on the day of the city council meeting and no longer had any interest in it. Consequently, the Supreme Court of Mississippi vacated the Court of Appeals' decision and dismissed Lee's appeal. View "Lee v. The City of Pascagoula, Mississippi" on Justia Law