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Shelton v. Town of Hickory Flat

December 18, 1998

JOHNNY ALLEN SHELTON APPELLANT
v.
TOWN OF HICKORY FLAT, ALDERMAN DAVID APPELLEES THOMPSON, ALDERMAN ALLEN GRAY, ALDERMAN CARROLL TAYLOR, ALDERMAN MARGIE GRAY, AND ALDERMAN PEGGY MOFFITT



Before Bridges, C.j., Hinkebein, And King, JJ.

The opinion of the court was delivered by: Bridges, C.j.

DATE OF JUDGMENT: 10/16/97

TRIAL JUDGE: HON. R. KENNETH COLEMAN

COURT FROM WHICH APPEALED: BENTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - OTHER

TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED IN FAVOR OF DEFENDANT/APPELLEE

DISPOSITION: AFFIRMED - 12/18/98

¶1. Johnny Allen Shelton appeals from the order of the Benton County Circuit Court granting summary judgment in favor of the Town of Hickory Flat, Alderman David Thompson, Alderman Allen Gray, Alderman Carroll Taylor, Alderman Margie Gray, and Alderman Peggy Moffitt. Shelton asserts the circuit court erred in determining there was no genuine issue of material fact regarding his termination. Finding no error, we affirm.

FACTS

¶2. Johnny Allen Shelton was hired in the spring of 1992 to work in the maintenance department of the Town of Hickory Flat. Shelton was terminated effective September 13, 1996. During the same meeting in which Shelton was discharged, the mayor and board of aldermen hired the son of Alderman Peggy Moffitt, Gerry P. Moffitt, as Shelton's replacement for the maintenance position effective September 13, 1996.

¶3. On May 7, 1997, Shelton filed an action in the Circuit Court of Benton County alleging he was wrongfully discharged to create a position for the son of an alderman in violation of Miss. Const. art. 4, § 109, Miss. Code Ann. § 25-1-53 (Supp. 1998) and Mississippi public policy.

¶4. Finding no genuine issue of material fact, the trial court granted summary judgment in favor of the Town of Hickory Flat, Alderman David Thompson, Alderman Allen Gray, Alderman Carroll Taylor, Alderman Margie Gray, and Alderman Peggy Moffitt.

LEGAL ANALYSIS AND DISCUSSION

ΒΆ5. This Court applies a de novo standard of review to a grant of summary judgment by the lower court. The evidence must be viewed in the light most favorable to the party against whom the motion has been made. Russell v. Orr, 700 So. 2d 619, 622 (Miss. 1997); ...


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