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DR. J. H. LEIGH, ET AL v. BOARD OF SUPERVISORS OF NESHOBA COUNTY

MAY 18, 1988

DR. J. H. LEIGH, ET AL
v.
BOARD OF SUPERVISORS OF NESHOBA COUNTY, MISSISSIPPI, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY



BEFORE DAN LEE, P.J., PRATHER AND SULLIVAN, JJ.

SULLIVAN, JUSTICE, FOR THE COURT:

On November 28, 1984, a petition was filed with the Neshoba County Board of Supervisors calling upon them to submit a proposition to the voters of Neshoba County regarding the sale of a hospital and nursing home. On a four to one vote the board of supervisors found that the proposition was not within its legal authority and an appeal was taken to the Circuit Court of Neshoba County, Judge Ernest L. Brown, Special Judge, Presiding, and the board's

decision was affirmed. As a result, this appeal followed with the following assignments of error:

 I. That the lower court erred in holding that the subject petition is a multiple proposition petition; and

 II. That the lower court and the Board of Supervisors have failed to comply with Section 19-3-55, Mississippi Code Annotated (1972).

 The petition was filed pursuant to Mississippi Code Annotated, Section 19-3-55 (1972), and asked the Neshoba County Board of Supervisors to submit the following proposition to Neshoba County voters:

 Should ownership of Neshoba County General Hospital and Neshoba County Nursing Home remain in Neshoba County, and continue to be operated as a community hospital and nursing home, and not be sold or leased without first submitting the issue to the people by election?

 The petition was in response to information that the board had accepted proposals for the sale of Neshoba County General Hospital and Neshoba County Nursing Home.

 The petition contained the signatures of over 6,400 registered Neshoba County voters. On April 12, 1985, the board made the following findings:

 (1) The proposition submitted contains a matter affecting the entire county;

 (2) The proposition submitted contained 25% of the names of the qualified electors of the county as certified by the Clerk of Neshoba County;

 (3) The proposition submitted is not a matter within the legal power of the Board of Supervisors.

 The third finding was appealed to the Circuit Court of Neshoba County which affirmed the board's findings by written order on May 7, 1986.

 I.

 DID THE LOWER COURT ERR IN HOLDING THAT THE SUBJECT PETITION IS A MULTIPLE PROPOSITION

 PETITION?

 The trial court found that the proposition submitted to the Board called for the ...


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