Mississippi Supreme Court Decisions of February 9, 2023

On Thursday, the Mississippi Supreme Court handed down one opinion, and I was approaching the confluence of a dispositive/Daubert motions deadline in one case and an expert designation deadline in another.


Heritage Hunter Knoll, LLC v. Lamar County, Mississippi, 2021-CA-01325-SCT (Civil – States Boards and Agencies)
Affirming in part and denying in part the dismissal for lack of jurisdiction of a property owner’s appeal of the County Board’s decisions related to a waste ordinance, holding that the appeal of an amendment to the ordinance was time-barred because it was not appealed within the 10-day time limitation in section 11-51-75, but also holding that the appeal of the Board’s denial of a variance request was timely filed and remanding for a full hearing on that issue.
(9-0)

NOTE – The Supreme Court also held that the property owner did not engage in claim splitting when it filed a separate lawsuit in federal court while appealing the Board’s actions:


Other Orders

Wallace v. State, 2020-M-00979 (denying application for leave to file motion for PCR, finding the filing frivolous, and warning against future frivolous filings)

Crossgates United Methodist Church v. Ming, 2020-IA-01358-SCT (dismissing interlocutory appeals)

White v. White, 2021-CT-00333-SCT (denying cert)

Beasley v. State, 2021-CT-00653-SCT (denying cert)

Norwood v. State, 2021-CT-00802-SCT (denying cert)

Bland v. State, 2021-KA-00973-SCT (denying rehearing)

Patterson v. MDES, 2021-CT-01150-SCT (dismissing “notice of appeal” and cert petition)

In re: Debbie Travis Robertson, 2022-M-01032 (denying petition for disqualification of judge)

In re: William C. Spencer, Jr., 2022-M-01041 (denying petition for disqualification of judge)


Hand Down List

Author: Madison Taylor

Shareholder at Wilkins Patterson in Mississippi handling appeals as well as all stages of liability and workers' compensation matters. Admitted to the bar in Mississippi, Tennessee, and North Carolina.

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