Jones v. Greene County Bd. of Educ.
| Docket Number: | 2006-CA-00463-COA Linked Case(s): 2006-CA-00463-COA2006-CT-00463-SCT |
|
| Oral Argument: | 02-15-2007 | |
* This video is best viewed in the most current version of Google Chrome, Internet Explorer with Windows Media Player plug-in, or Safari (Mac Users). |
||
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Easement granted by school board - Jurisdiction - Transfer to chancery court Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 02-09-2006 Appealed from: Greene County Circuit Court Judge: Robert P. Krebs Disposition: CIRCUIT COURT DENIED PETITION FOR WRIT OF CERTIORARI. Case Number: 2006-01-012(1) |
|
| Party Name: | Attorney Name: | |||
| Appellant: | RANSOM JONES, CLARK STEWART, SALI
WESTMORELAND, MIKE WESTMORELAND, TIM
STEWART, NICK CRUTCHER, MITCH DOZE AND
MICHELLE DOZE D/B/A MOBILE HILL HUNTING
CLUB |
CHARLES O. JONES |
||
| Appellee: | GREENE COUNTY BOARD OF EDUCATION | RYAN ROBERTSON SADLER, DAVID EARL ROZIER |
|
|
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. |
|
| Topic: | Easement granted by school board - Jurisdiction - Transfer to chancery court |
| Summary of the Facts: | Mobile Hill Hunting Club entered an agreement to lease certain sixteenth section land from the Greene County Board of Education. Ted Rounsaville requested an easement from the board of education across the land leased to the Hunting Club. The Board granted the easement to Rounsaville, and the Hunting Club petitioned the Greene County Circuit Court for a writ of certiorari. The court denied the petition on the basis of lack of jurisdiction, and the Hunting Club appeals. |
| Summary of Opinion Analysis: | The Hunting Club argues that jurisdiction was proper in the Greene County Circuit Court for its appeal of the Greene County Board of Education’s decision. Jurisdiction is proper in the circuit court if the decision by the school board was judicial, but the court may not hear the case if the school board acted administratively or legislatively when it granted the easement to Rounsaville. In granting the easement the school board acted in an administrative capacity by managing its affairs and not in a judicial capacity by deciding the rights of parties. By granting the lease, the school board was administering land over which it had authority. It was not sitting in a judicial capacity to decide which party had better claim to make use of the land. In addition to its authority over the land, the lease agreement with the Hunting Club specifically provided for a situation in which the Board would grant such an easement. The Hunting Club also argues that the circuit court should have transferred the petition for writ of certiorari to the chancery court. The court was not in error in failing to transfer the matter to chancery court. The proper remedy for the Hunting Club would have been to file for an injunction in the Greene County Chancery Court, which would have allowed the case to be heard on the merits. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
