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Coast Materials Co. v. Harrison County Development Commission

August 13, 1998

COAST MATERIALS COMPANY
v.
HARRISON COUNTY DEVELOPMENT COMMISSION AND DELTA INDUSTRIES, INC.



Before Prather, C.j., Banks And Smith, JJ.

The opinion of the court was delivered by: Smith, Justice

Coast Materials Company v. Harrison County Development Commission, et al, 97-CA-00726-SCT

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A

DATE OF JUDGMENT: 02/26/97

TRIAL JUDGE: HON. THOMAS WRIGHT TEEL

COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - OTHER

DISPOSITION AFFIRMED - 8/13/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

On June 25, 1996, the Harrison County Development Commission approved the request of Delta Industries, Inc. to purchase land within the Bernard Bayou Industrial District. On November 4, 1996, the Harrison County Board of Supervisors entered an Order Concurring with the Commission's decision. On January 22, 1997, Coast Materials Company filed a complaint asserting several grievances with the Commission's decision. Coast Materials alleged that it relied to its detriment by purchasing land outside the Industrial District based on statements made by the Commission prohibiting the sale of Industrial District land to a non-manufacturing company. Coast Materials also requested a preliminary injunction prohibiting the Commission from selling the land to Delta and a declaratory judgment prohibiting the Commission from selling any land within the Industrial District to a non-manufacturing company.

The Commission and Delta filed a motion to dismiss the complaint. The chancellor granted the motion finding that the chancery court did not have subject matter jurisdiction because Coast Materials had failed to appeal the sale of the land through a bill of exceptions filed in the circuit court within the ten day period provided for in Miss. Code Ann. § 11-51-75. Aggrieved by the chancellor's ruling, Coast Materials now appeals to this Court and raises the following issues:

I. WHETHER THE CHANCERY COURT ERRED BY DISMISSING COAST MATERIALS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION.

II. WHETHER DECLARATORY JUDGMENT IS AN APPROPRIATE REMEDY AGAINST THE ACTIONS OF THE HARRISON COUNTY DEVELOPMENT COMMISSION.

III. WHETHER THE TEN DAY APPEAL PROVISION OF MISS. CODE ANN. ยง ...


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