OF JUDGMENT: 07/05/2018
FROM WHICH APPEALED: TIPPAH COUNTY CIRCUIT COURT TRIAL JUDGE:
HON. JOHN ANDREW GREGORY
COURT ATTORNEYS: DANIEL JUDSON GRIFFITH, WENDELL H. TRAPP,
JR., B. SEAN AKINS MARY McKAY GRIFFITH
ATTORNEYS FOR APPELLANT: DANIEL JUDSON GRIFFITH, B. SEAN
ATTORNEY FOR APPELLEES: WENDELL H. TRAPP, JR.
KITCHENS, P.J., BEAM AND ISHEE, JJ.
The Tippah County Board of Supervisors abandoned a public
road, then rescinded its decision a year and a half later
without giving notice to the owners of the land on which the
road was located. We conclude that doing so violated the
landowners' due-process rights, so we affirm the circuit
court's order voiding the recision order.
County Road 701A ran through the LeRoses' property in
Tippah County; they owned the land on both sides of the road.
On January 15, 2015, the Tippah County Board of Supervisors
entered an order scheduling a public hearing for February 27,
2015, to address abandoning CR 701A. Notice of the public
hearing was published in a newspaper that circulates through
Tippah County on February 4 and February 11, 2015. On
February 27, 2015, the Board held the public hearing and
entered an order to abandon CR 701A. The minutes of this
meeting were approved on March 16, 2015. The Board's
February 2015 Order abandoning CR 701A was not appealed.
On August 15, 2016, the Board reconsidered the abandonment of
CR 701A and entered an order rescinding its prior order
abandoning the road. Without elaborating, the Board found the
abandonment had been "illegal due to lack of proper due
process to the proper landowners," and it declared the
February 2015 order void.
The LeRoses sued Tippah County on July 6, 2017, seeking a
declaratory judgment that the August 2016 recision was void
and asserting that they were entitled to damages for the
Board's unconstitutional taking of their property without
compensation. The Circuit Court of Tippah County ultimately
granted partial summary judgment to the LeRoses, holding that
the Board's recision of the abandonment of CR 701A was
void and that Tippah County's interest in the
LeRoses' property had terminated when the February 2015
order became effective.
This Court granted Tippah County's request for an
interlocutory review of the circuit court's decision.