Washington County v. Graves
| Docket Number: | 2003-CA-00163-COA Linked Case(s): 2003-CA-00163-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-22-2004 Opinion Author: Southwick, P.J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Real property - Sufficiency of evidence Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 12-31-2002 Appealed from: Washington County Chancery Court Judge: Ceola James Disposition: WASHINGTON COUNTY ORDERED TO FILL DITCH AND SERVICE CULVERT Case Number: 200447 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Washington County, Mississippi |
WILLIE GRIFFIN |
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| Appellee: | Earnestine Ross Graves | WILLARD L. MCILWAIN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Sufficiency of evidence |
| Summary of the Facts: | Earnestine Graves filed suit against Washington County seeking injunctive relief for a ditch and culvert on her property. She claimed that the County had dug the ditch and directed culverts towards it. The court ordered the County to close the culvert flowing onto the property, and fill in and cover the ditch. The County appeals. |
| Summary of Opinion Analysis: | Nothing in the record provides any factual support for the County's responsibility for creating this ditch, or after having been created by unknown persons, for the County's assuming some responsibility for it. This was land that for extended periods of time was ignored. At some stage the ditch was created. Who created it remains unknown. Since no evidence was introduced that would make Washington County responsible for the problems that Graves asserts exist, the judgment is reversed. |
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