Justia Mississippi Supreme Court Opinion Summaries

Sherry Williams sued the City of Batesville, Mississippi for negligence in maintaining its sewer system after her home and property were flooded by raw sewage. The circuit court granted the City’s summary-judgment motion, finding the City immune from suit. After review, the Mississippi Supreme Court determined that because Williams could possibly prove a set of facts under the MTCA for actions by the City that were not exempt from immunity, therefore the circuit court erred in dismissing the claims of basic negligence. Furthermore, the Court held the trial court erred by granting judgment in favor of the City as to the Williams' inverse-condemnation claim. The matter was remanded for further proceedings. View "Williams v. City of Batesville" on Justia Law

A tax sale was found void due to the Jackson County, Mississippi Chancery Clerk's failure to comply with the notice requirements of Mississippi Code Section 27-43-3 (Rev. 2017). After Deborah Hallford came home to find that her locks had been changed, she went to the tax collector’s office and learned that the issue was delinquent property tax. Hallford had never received notice in person or through certified mail that the redemption period on her property was soon expiring. Hallford filed a complaint seeking to set aside the tax sale of her property to Pierre Thoden, d/b/a ETC FBO Pierre H. Thoden IRA 47473. The chancery court set aside the tax sale and awarded Thoden the amount he paid for the property at the tax sale, plus interest. Thoden, believing he was owed for the taxes he paid on the property in the years following his purchase at the tax sale and for the value of the improvements he made on the land, appealed. The Mississippi Supreme Court affirmed the chancellor’s decision to void the tax sale for lack of notice. This matter was remanded for a hearing on any damages, statutory and otherwise, to which Thoden was entitled. View "Thoden d/b/a ETC FBO Pierre H. Thoden IRA 47473 v. Hallford" on Justia Law

Mississippi Sand Solutions (Solutions) appealed a judgment by the Warren County Special Court of Eminent Domain denying its petition to establish a private right-of-way across lands owned by the defendants (the Fishers). Because the Mississippi Supreme Court fount the special court did not err by applying collateral estoppel to claims relating to access to Solutions’ property, judgment was affirmed. "When a party has been given voluntary access to its property over the land of another and that party continues to have access for the purposes of ingress and egress, that party cannot assert a claim under Mississippi Code Section 65-7-201 for a private road through the land of their obliging neighbor. Even without applying the doctrine of collateral estoppel, Solutions, by its own arguments and testimony of its own witnesses, demonstrated it could not make a prima facie case under this statute." View "Mississippi Sand Solutions, LLC v. Otis, et al." on Justia Law

Harry Green owned multiple properties at the time of his death, eight of which were at issue in this appeal. Several years prior to his death, Harry conveyed these properties to his sister Shirley Cooley, and later had Shirley reconvey six of the properties back to him. The reconveyance deeds were not notarized or recorded. Years later, Harry executed a will that divested the properties to his wife, Cristina Green, and to his grandchildren. The chancery court and the Court of Appeals found that Harry never accepted the reconveyance deeds and declined to impose a constructive trust, holding that Shirley owned all eight properties. Because the evidence clearly indicates that Harry accepted the six reconveyance deeds, the Mississippi Supreme Court reversed the judgments of the Court of Appeals and the chancery court as to the ownership of the six reconveyed properties. However, the Court found Cristina did not establish by clear and convincing evidence that a constructive trust was warranted. The Court therefore affirmed the judgments of the Court of Appeals and the chancery court regarding the ownership of the two properties not subject to reconveyance deeds. View "In Re Estate of Harry J. Green" on Justia Law

Mark Gibson and Court Properties, Inc., appeal the circuit court’s dismissal for lack of jurisdiction of their county-court appeal. In 2009, the Bells acquired a loan from Tower Loan. The Bells’ house was collateral for the loan. The Bells later experienced financial hardship. As a result, Tower Loan recommended that the Bells contact Gibson and Court Properties, Gibson’s wholly owned corporation, for financial assistance. On September 20, 2013, the Bells executed a promissory note, a deed of trust, and an assumption warranty deed with Court Properties. Approximately three months later, Gibson evicted the Bells and shortly thereafter, sold their house. The Bells sued Gibson and Court properties alleging fraud, breach of fiduciary duty, bad faith and wrongful foreclosure. A jury returned a verdict unanimously in favor of the Bells. Gibson and Court Properties moved for a new trial and for judgment notwithstanding the verdict. The motion was denied, and the Bells' request for attorneys' fees was granted. Gibson appealed within thirty days of the trial court's denial of his motions, but did not pay the cost bond within thirty days of the final judgment as required by statute. Gibson paid the estimated costs on April 18, 2018, which was one day before the circuit clerk’s deadline, but five days after the thirty-day statutory deadline required by Section 11-51-79. The Bells moved to dismiss the appeal for lack of jurisdiction, which was granted. Because Gibson and Court Properties failed to pay the cost bond within thirty days of the final judgment as required by Mississippi Code Section 11-51-79 (Rev. 2019), the Mississippi Supreme Court affirmed the circuit court’s dismissal for lack of jurisdiction. View "Gibson v. Bell" on Justia Law

In this case's second time before the Mississippi Supreme Court, the Court held in High v. Kuhn, 191 So. 3d 113 (Miss. 2016) (High I), that article 4, section 110, of the Mississippi Constitution forbade the condemnation of a private road across the property of Cheryl High for the benefit of Todd and Angela Kuhn. After the Court’s mandate, High moved the Harrison County Special Court of Eminent Domain for attorney fees pursuant to Mississippi Code Section 11-27-37 (Rev. 2019). The special court found that Section 11-27-37 did not apply. High appealed, and the Supreme Court reversed and remanded for the special court to consider the merits of the motion for attorney fees and the reasonableness of the amount of fees requested. On remand, High filed an amended motion requesting attorney fees for a frivolous filing under the Mississippi Litigation Accountability Act (LAA). After a hearing, the special court awarded attorney fees to High as a sanction for the Kuhns’ frivolous filing. The special court found that the $29,049.60 requested by High was reasonable and assessed that amount jointly and severally against the Kuhns and their attorney, Virgil Gillespie. The special court denied the Kuhns’ motion to reconsider and amended the judgment to add $1,000 in attorney fees that High had incurred in defending the motion for reconsideration. The Kuhns and Gillespie appealed, arguing that the special court erred by: (1) adopting High’s findings of fact and conclusions of law; (2) awarding a judgment to one of High’s attorneys who was not a party to the lawsuit; (3) imposing a sanction for a frivolous filing; (4) awarding interest; and (5) allowing attorney fees beyond those permitted by Section 11- 27-37. The Supreme Court concluded the special court of eminent domain did not abuse its discretion by imposing the sanctions nor did it err in its application of the law. The Court reversed in part only to correct a scrivener’s error in the amended judgment. View "Kuhn v. High" on Justia Law

Matthew Wiggins appealed a decision of a special court of eminent domain to the County Court of Hinds County, Mississippi, approving the City of Clinton’s exercise of eminent domain. Wiggins bought property in March of 2016. At the time, the structures located there were dilapidated and were in need of extensive structural repairs. Soon after Wiggins took possession of the properties, Clinton found that the properties should be demolished due to neglect. Clinton assessed 1,434 separate code violations to property Wiggins owned. Wiggins pleaded guilty to the violations on January 26, 2017. Clinton then found additional violations against Wiggins at those properties and at other properties he owned in Clinton. Wiggins was found guilty of two violations by the County Court of Hinds County in 2018. The remaining violations were dismissed. In June 2018, Clinton adopted an urban-renewal plan. Wiggins' parcel was within the renewal area, and sought to take it. The special court found Clinton’s exercise of eminent domain proper. After review, the Mississippi Supreme Court found sufficient evidence in the special court record to support the taking my eminent domain. Similarly, the Court determined the record offered no evidence to demonstrate the determination of the special court was manifestly wrong. Therefore, judgment was affirmed. View "Wiggins. v. City of Clinton" on Justia Law

An insurance adjuster was injured while performing the specific task he was hired to do: identify and distinguish preexisting roof damage from storm damage. While the adjuster recovered workers’ compensation benefits, he also filed suit against the homeowner for failing to make the premises safe and for not warning him about the roof’s condition. The homeowner filed two summary judgment motions, arguing the "intimately connected" doctrine barred the adjuster’s suit as a matter of law. After review, the Mississippi Supreme Court found the trial court erred by denying summary judgment. "The homeowner exercised no control over the adjuster. And absent some exercise of control over a contractor, Mississippi law does not impose liability on property owners for injuries suffered by independent contractors arising from or intimately connected to the work they were contracted to perform." The Court therefore reversed the trial court's denial fo summary judgment and rendered judgment I the homeowner's favor. View "Peak v. Cohee" on Justia Law

The issue this case presented for the Mississippi Supreme Court's review centered on whether a purchaser of real property out of foreclosure was automatically assigned and thereby entitled to the developer’s exemption from assessments on the lots previously owned by the developer. Diamondhead Country Club and Property Owner’s Association (DPOA) contends that the foreclosing purchaser, Peoples Bank, is not automatically granted an assignment of the developer’s personal rights (i.e., the exemption from Property Owner Association (POA) Assessments) in addition to property rights and that the developing company did not expressly assign this exemption to the lender/foreclosing purchaser; therefore, the lender/foreclosing purchaser does not enjoy the exemption. The Supreme Court concluded the covenants provided that the developer’s exemption would be eliminated by conveyance of the property to a third party. Therefore, the exemption was a personal right requiring assignment to Peoples. A 2008 deed of trust conveyed both the real property rights and personal rights of the developer, but the 2012 deed of trust was void of any language granting the developer's right of exemption to Peoples. Therefore, the Court determined Peoples was entitled to the exemption from paying assessments in connection with the Glen Eagle lots, but it was liable for assessments levied on the Diamondhead lots. As to the Glen Eagle lots, the Supreme Court affirmed; the Court reversed and remanded as to the Diamondhead lots. View "Diamondhead Country Club and Property Owners Association, Inc. v. The Peoples Bank" on Justia Law

In 2016, Mario Holland parked his vehicle at Black’s Food Market and walked to West Lounge. Upon returning to his vehicle after patronizing West Lounge, Holland was shot and robbed in the Black’s Food parking lot. He alleged the assailant came from a vacant lot across the street from Black’s Food. Murphy Oil owned the vacant lot. Holland suffered serious injuries from the assault. The trial court granted summary judgment in favor of defendant Murphy Oil, finding that, as a landowner that owned land near the scene of an assault, it did not owe any legal duty to Holland. Holland appealed, arguing that the Mississippi Supreme Court should adopt Section 54 of the Restatement (Third) of Torts, which provided for instances when landowners might owe a duty to persons or property located off the landowner’s property. The Supreme Court determined it did not need to address the Restatement because it did not apply to the facts of this case. Further, the Court affirmed the trial court’s grant of summary judgment because the landowner did not owe any legal duty to Holland. View "Holland v. Murphy Oil USA, Inc." on Justia Law