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