Articles Posted in Real Estate & Property Law

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Previous opinions in this case were withdrawn. John and Cindy Henderson sued Copper Ridge Homes and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case spiraled into foreclosure proceedings; the trial court granted First Bank’s motion for judicial foreclosure. On appeal, the Hendersons argued the trial court erred in granting First Bank a judicial foreclosure, by granting Copper Ridge’s and First Bank’s motions for summary judgment, and by denying their motions for leave to amend and add wrongful disclosure to their complaint. The Mississippi Supreme Court agreed the trial court erred in granting Copper Ridge’s and First Bank’s post-foreclosure motions for dismissal of the Hendersons’ claims. The Court affirmed the grant of judicial foreclosure, but reversed the grant of summary judgment to both parties, and remanded the case back to the trial court for a determination of the Hendersons’ claims. View "Henderson v. Copper Ridge Homes, LLC" on Justia Law

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The Lamar County Mississippi School District denied a request by Smith Petroleum to erect and construct an LED advertising billboard on its Sixteenth Section leasehold located on Old Highway 11 in Hattiesburg. Smith Petroleum filed its Notice of Appeal and Bill of Exceptions with the Chancery Court of Lamar County. The chancellor affirmed the School District’s denial of Smith Petroleum’s request to erect and construct the LED billboard. Finding no error, the Mississippi Supreme Court affirmed the chancery court. View "Smith Petroleum, Inc. v. Lamar County School District" on Justia Law

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Judy Johnson appealed the circuit court's affirmance of a county court judgment granting Ronnie Goodson’s motion for summary judgment. Johnson claimed she was injured while she was an invited guest on Goodson’s property and a passenger in his golf cart. Johnson sued Goodson, alleging Goodson had operated the golf cart carelessly, recklessly, and negligently, causing Johnson to be thrown about in the vehicle and to suffer injuries. Johnson filed a motion for summary judgment, arguing that, at the time of the accident, Goodson was the operator of a motor vehicle, and, as such, the applicable standard of care was that of a reasonable person. Johnson argued Goodson breached his duty of care by operating a vehicle on his property in an unsafe manner, proximately causing Johnson’s injuries. Goodson responded that Johnson was a licensee, that he did not breach any duties owed to her as a licensee, and the standard Johnson sought was not applicable. In Goodson’s motion for summary judgment, he sought to be shielded from ordinary negligence by alleging that Johnson’s cause of action was one of premises liability, and that he, as a landowner, only owed Johnson, a licensee, a duty to refrain from wilfully, wantonly, knowingly, or intentionally injuring her. Were premises liability the only law applicable, the Mississippi Supreme Court opined the trial and appellate courts would be affirmed. But given the facts presented, the Supreme Court concluded both erred: that the circumstances surrounding a moving golf cart, which the property owner was driving, raise an issue of negligence proper for resolution by the trier of fact. View "Johnson v. Goodson" on Justia Law

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Families filed suit at the Circuit Court seeking, inter alia, a declaratory judgment that they owned lignite under a Mississippi Power Company (“MPC”) plant built on land MPC had purchased, a fact not disputed by any party. One month later, MPC filed suit to confirm and quiet title to its property and further asserted that lignite could only be removed economically by surface mining, a fact not disputed by any party. MPC asked to enjoin all defendants from asserting any right, title, or interest to the lignite. Alternatively, MPC asked for a declaratory judgment that lignite removal would deplete and destroy the surface of its land, rendering it unusable, a fact not disputed by any party. Two orders at issue before the Mississippi Supreme Court were "authored by two learned trial judges—one chancery, one circuit." Although the Supreme Court's review was de novo, the applicable law was neither new nor novel. Because neither trial court failed to follow controlling law, the Supreme Court affirmed. View "Barham v. Mississippi Power Company" on Justia Law

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John and Cindy Henderson filed suit against Copper Ridge Homes (“Copper Ridge”) and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case quickly spiraled into foreclosure proceedings upon the Hendersons’ defaulting on their loan with First Bank. The judge granted First Bank’s motion for judicial foreclosure. After that, the Hendersons unsuccessfully moved multiple times to amend their complaint to add wrongful foreclosure. The judge granted Copper Ridge’s and First Bank’s motions for summary judgment on the Hendersons’ claims, finding that the claims, which arose from the alleged faulty construction of the house traveled with the title to the property. Because the Hendersons no longer owned any interest in the house and land, the judge found that they had lost their right to seek damages. On appeal, the Hendersons argued the trial court erred by granting First Bank a judicial foreclosure, by granting Copper Ridge’s and First Bank’s motions for summary judgment, and by denying their motions for leave to amend and to add wrongful foreclosure to their complaint. Finding that the trial court erred in granting Copper Ridge’s and First Bank’s post-foreclosure motions for dismissal of the Hendersons’ claims, The Mississippi Supreme Court affirmed the grant of judicial foreclosure, reversed the grant of summary judgment to both parties, and remanded the case to the trial court for determination of the Hendersons’ claims. View "Henderson v. Copper Ridge Homes, LLC" on Justia Law

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Dorothy Smith sued her homeowner's insurance carrier, Mississippi Farm Bureau Casualty Insurance Company (“Farm Bureau”), after Farm Bureau denied her claim based on the earth-movement exclusion in the policy. Smith filed suit against her home builder, Larry Brown, d/b/a Brown’s Construction Company, and Farm Bureau after learning that her home’s foundation was defective. Smith filed a claim for the repair of the foundation. Farm Bureau filed a motion for summary judgment, which was denied by the trial court. Farm Bureau then filed a petition for interlocutory appeal by permission, which the Mississippi Supreme Court granted. The Supreme Court found the trial court erred in denying Farm Bureau’s motion for summary judgment: the earth-movement exclusion was unambiguous and excluded coverage for the property damage suffered by Smith. View "Mississippi Farm Bureau Casualty Insurance Company v. Smith" on Justia Law

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Land Holdings I, LLC, d/b/a Scarlet Pearl, LLC (“Casino”), sought to expunge a lien filed by GSI Services, LLC (“GSI”). The chancellor denied the Casino’s petition to expunge the lien because GSI performed work at the Casino within ninety days of filing its lien. Finding no error, the Mississippi Supreme Court affirmed the chancellor’s order. View "Land Holdings I, LLC d/b/a Scarlet Pearl, LLC v. GSI Services, LLC" on Justia Law

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The property owner failed to timely pay his taxes or to redeem them within two years of the tax sale of his property. The owner objected to the sale, asserting that he was deprived of his property without the statutorily required prior notice. The Mississippi Supreme Court found the chancery clerk’s first notice was returned undelivered. At that point, by statute, the clerk was required to diligently search for a different address for the property owner. But despite having another address readily available in the county’s land records, no notices were ever mailed to that address before the redemption period ended. Thus, the clerk’s search and inquiry did not strictly comply with the applicable law. The Supreme Court reversed the chancellor’s judgment affirming the tax sale and confirming title in the tax sale purchaser, and set aside the tax sale as void. View "Campbell Properties, Inc. v. Cook" on Justia Law

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At issue before the Mississippi Supreme Court in this case was whether NRG Wholesale Generation’s proffered expert used an acceptable method to determine the “true value” of its power plant in computing ad valorem tax. The expert used a mixture of the sales-comparison approach, the income approach, and the cost approach to determine the true value of the facility. Lori Kerr, the tax assessor for Choctaw County, and Choctaw County, Mississippi (collectively, the “County”), contended that Mississippi law mandates a trended historical cost-less-depreciation approach to calculate the true value of industrial personal property. The circuit court found in favor of the County and excluded NRG’s proffered expert testimony. NRG argued the circuit court abused its discretion. In addition, NRG also argued the circuit court erred in denying its motion to change venue because because many of the jurors knew the county officials named as defendants in this case, a fair trial in Choctaw County was impossible. The Supreme Court held the Mississippi Department of Revenue (the “DOR”) regulation controlled and that NRG’s expert applied an unacceptable method to determine true value. Therefore, the circuit court did not err in excluding NRG’s proffered expert testimony. Additionally, because NRG was afforded a fair and impartial jury, the circuit court did not abuse its discretion in denying the motion to change venue. View "NRG Wholesale Generation LP v. Kerr" on Justia Law

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Landowners David Neil Harris, Sr., Vecie Michelle Harris (“Harris”) and Clyde H. Gunn III filed suits to confirm title to their waterfront properties in Ocean Springs, Mississippi. The State, Jackson County, and the City of Ocean Springs (the “City”) asserted title to a portion of the same waterfront properties claimed by the landowners: a strip of sand beach located south of a road and a seawall. After a full trial on the merits, the chancellor found that the State held title to the sand beach in front of the Harris and Gunn properties as public-trust tidelands. The landowners appealed, but finding no reversible error in the chancellor’s final judgments, the Mississippi Supreme Court affirmed. View "Harris v. Mississippi" on Justia Law