Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

H. M. COX, MRS. J. C. BRODERICK AND JOE WIEDEMAN v. JACKSON MUNICIPAL SEPARATE SCHOOL DISTRICT

FEBRUARY 18, 1987

H. M. COX, MRS. J. C. BRODERICK AND JOE WIEDEMAN
v.
JACKSON MUNICIPAL SEPARATE SCHOOL DISTRICT



BEFORE ROY NOBLE LEE, PRATHER and GRIFFIN

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

H. M. Cox, Mrs. J. C. Broderick and Joe Wiedeman have appealed from a judgment of the Chancery Court, First Judicial District of Hinds County, Mississippi, dismissing their complaint against Jackson Municipal Separate School District for a temporary restraining order and declaratory judgment prohibiting the Jackson Municipal Separate School District from erecting buildings, leasing classrooms, making repairs and alterations on school facilities, incurring any indebtedness and taking any action pursuant to resolutions of the district adopted April 28, April 30 and June 9, 1986, on behalf of Jackson Municipal Separate School District.

The Mississippi Legislature enacted the Emergency School Leasing Authority Act of 1986 (Senate Bill 2121) during its 1986 Regular Session. Subsequently, in the session, the Legislature enacted the Uniform School Law of 1986 (Senate Bill 2117), 9 of which brought forward the leasing powers in the Emergency School Leasing Authority Act together with other funding provisions passed earlier in the session. The relevant portion of those acts have been codified as Mississippi Code Annotated 37-7-301 (Supp. 1986), and will be referred to as the "Leasing Act."

 The Leasing Act sets forth an alternative method of providing for school facilities through multi-year leasing authority with discretionary funding vested in the city council, or board of supervisors, wherein the school districts are located. The preamble to the Leasing Act *fn1 states:

 The Legislature finds and declares that there exists an urgent shortage of adequate public school facilities, equipment and capital with which to provide such facilities and equipment for the attainment of a satisfactory level of public education in the schools of this State, and that this situation has become a critical priority of many school districts in order to provide adequate space for kindergarten programs as mandated by the Education Reform Act of 1982. It is the purpose of this Act to provide the boards of trustees of the school districts of this State with additional options with which to provide for facilities, equipment and other property necessary, in the judgment of the boards of trustees of such school

 districts, to properly carry out the local education needs of the local school districts.

 The Education Reform Act of 1982 mandated that school districts provide kindergarten facilities by the Fall of 1986. The State funded less than half of the costs for the first year and local school districts were required to fund the balance. Failure to implement the kindergarten program meant loss of accreditation, which would result in the loss of state funds. The Jackson District would lose 36 million dollars had it not complied.

 Jackson school facilities in early 1986 could not accommodate the 3,000 new kindergarten students who enrolled in September, and the school district officials determined that the only realistic means of providing the necessary facilities was through the acquisition of prefabricated/ relocatable classrooms. The Leasing Act provided the authority by which the purpose could be accomplished. The school board determined that a five-year lease/purchase program would be the best and least burdensome method to acquire the facilities, which would cost approximately 2.7 million dollars. In furtherance of the plan, on April 28, 1986, the school board adopted an initial resolution of need required by the Leasing Act and notice of the resolution was published on April 29, May 6 and May 13, 1986. No petition was filed in contest during that period or prior to final action by the school board on the proposed leasing program.

 In addition to the kindergarten program, acting pursuant to the Leasing Act, the school board adopted a resolution on April 30, 1986, declaring a need for leasing of three school buildings and expressing its intent to enter into the leases. The statutory notice was published on May 9, May 16, and May 23, 1986, and no petition for a referendum was filed against it. The leases were to provide for renovation of two existing school buildings and the lease for an entirely new school in Northwest Jackson. On June 9, 1986, the school board entered its order authorizing school district officials to proceed with the lease program. This program involves an expenditure of approximately 24 million dollars.

 For the past fifteen (15) years, the school board has obtained funding for repairs through and under Mississippi Code Annotated 37-59-101, et seq. (1972), known as the Short-Term Note Levy Statutes, which authorize school districts to borrow money to be repaid by a tax levy of not exceeding two (2) mills for a five-year period for certain specified purposes. *fn2 The school board adopted a resolution on June 9, 1986, to obtain such funding, but the action was

 rescinded and is not now involved in this cause.

 THE NOTICE PROCEDURE SET FORTH IN THE LEASING ACT IS CONSTITUTIONALLY ADEQUATE AND THE LEASING ACT DOES NOT VIOLATE THE MISSISSIPPI CONSTITUTION OR THE UNITED STATES CONSTITUTION.

 COMPLAINT AGAINST THE LEASE OBLIGATION FOR NEW KINDERGARTEN CLASSROOMS IS BARRED BY THE VALIDATION DECREE.

 Appellants contend that the Leasing Act, Mississippi Code Annotated 37-7-301, violates due process guarantees in the Fifth and Fourteenth Amendments to the United States Constitution and Section 14 of the Mississippi Constitution of 1890, because it does not provide for adequate notice. The Legislature provided in the act that a school board, by resolution, may declare (1) that a need exists for school buildings, and (2) that the school district cannot provide the necessary funds to meet the present needs. The resolution must then be published once each week for three consecutive weeks, and, if no petition is filed by twenty percent (2070) or fifteen hundred (1,500) electors (whichever is less) of the school district, the board may proceed to lease the school buildings, subject to funding. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.