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Daniels v. Harrison County Board of Supervisors

September 17, 1998

STANLEY J. DANIELS, A/K/A RIP DANIELS; BOYD C. JAMES, III; EMILE HOSKINS; GARY HOLLOWAY; DIXIE DANIELS AND WILLIE WHITLOCK
v.
HARRISON COUNTY BOARD OF SUPERVISORS, IN ITS OFFICIAL CAPACITY



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

The opinion of the court was delivered by: Prather, Chief Justice

DATE OF JUDGMENT: 09/11/96

TRIAL JUDGE: HON. ROBERT H. WALKER

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - OTHER

DISPOSITION AFFIRMED - 9/17/1998

MOTION FOR REHEARING FILED: MANDATE

ISSUED:

I.

STATEMENT OF THE CASE

¶1. Stanley Daniels and five co-plaintiffs filed suit against the Harrison County Board of Supervisors, seeking to enjoin the Board from "carrying through with their intentions to fly the Confederate Battle Flag on the Mississippi Beaches and other public property located within Harrison County." The Confederate Flag was and is currently being displayed on a portion of the Gulf Coast beach known as "Eight Flags." The flags displayed at this location represent the eight governments, including the Confederate States of America, which have, at some point in history, claimed sovereignty over this area of the State.

¶2. On September 11, 1996, the Circuit Judge entered an order granting the Board's motion for summary judgment, ruling that the display of the Confederate Flag by the Board was not prohibited by law, statutory or otherwise. Daniels appealed the trial Judge's ruling to this Court.

II.

ISSU ...


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