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Carthan v. Patterson

Court of Appeals of Mississippi

March 11, 2014

EDDIE JAMES CARTHAN, APPELLANT
v.
ZULA PATTERSON, MAYOR OF THE TOWN OF TCHULA, MISSISSIPPI AND THE TOWN OF TCHULA, MISSISSIPPI, APPELLEES

COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/12/2012. TRIAL JUDGE: HON. KENNETH L. THOMAS. TRIAL COURT SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES.

DISPOSITION: AFFIRMED.

FOR APPELLANT: CARLOS DIALLO PALMER.

FOR APPELLEES: DANIEL JUDSON GRIFFITH, MICHAEL STEPHEN CARR.

LEE, C.J. GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., DISSENTS WITH SEPARATE WRITTEN OPINION, JOINED BY IRVING, P.J.

EN BANC.

OPINION

Page 375

NATURE OF THE CASE: CIVIL - OTHER

LEE, C.J.

¶1. The mayor and Board of Aldermen (Board) of the Town of Tchula, Mississippi, determined that a warehouse owned by Eddie James Carthan was a public nuisance and voted to demolish the warehouse. Carthan filed suit in the Holmes County Circuit Court against the mayor and the Town, claiming the destruction of his property was an unconstitutional taking. Finding it had no jurisdiction, the trial court dismissed Carthan's suit.

FACTS

¶2. On April 21, 2006, Carthan received notice from the mayor that a hearing was to be held concerning the condition of his warehouse, which was located at 907 Main Street. During a meeting on June, 8, 2006, the Board found Carthan's warehouse to be a public nuisance and voted to move forward with the demolition. On June 16, 2006, Carthan delivered a letter to the mayor and the Board in which Carthan stated his intent to appeal. The letter was stamped as received that same day. At a meeting on July 13, 2006, Carthan attempted to discuss the demolition of his warehouse, but the Board's attorney stated the issue was not on the agenda.

Page 376

Five days later, municipal employees demolished ...


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