Presley v. City of Senatobia
| Docket Number: | 2007-CA-01027-COA Linked Case(s): 2007-CA-01027-SCT |
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| Oral Argument: | 08-05-2008 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-09-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Inverse condemnation - Collateral estoppel Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - MUNICIPAL BOUNDARIES & ANNEXATION |
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| Trial Court: |
Date of Trial Judgment: 05-30-2007 Appealed from: TATE COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: DISMISSED FOR LACK OF JURISDICTION Case Number: CV-2005-273-BT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES LLOYD PRESLEY, SR., MARTHA
PRESLEY HOUSTON, AND MAE PRESLEY
VEAZEY |
RONALD W. LEWIS |
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| Appellee: | CITY OF SENATOBIA, MISSISSIPPI | MICHAEL KEVIN GRAVES, JAMIE MONSOUR HALL |
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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: | Inverse condemnation - Collateral estoppel |
| Summary of the Facts: | James Lloyd Presley, Sr., Mae Presley Veazey, and Martha Presley Houston each inherited one-third undivided simple fee interest in one hundred acres of agricultural annexed property in Senatobia. The land was annexed by the City in 1997 and was zoned as residential in 1998. Subsequently, valuable gravel deposits were discovered on the property. The Presleys contracted a mineral lease for the gravel deposits, contingent upon obtaining a rezoning of the land for light industrial use. The Presleys filed an application for rezoning with the City which was denied. The denial was appealed to the circuit court which affirmed. The Presleys did not take further appeal. The Presleys later filed suit against the City, alleging inverse condemnation of their land on the basis that the City’s denial of the rezoning request constituted a regulatory taking. The City filed a motion to dismiss which the court granted. The Presleys appeal. |
| Summary of Opinion Analysis: | The Presleys frame the issue on appeal as whether they failed to exhaust administrative remedies by not appealing the 2002 circuit court judgment affirming the City’s denial of their rezoning request. However, failure to exhaust administrative remedies was not the basis for the circuit court’s decision. The circuit court found that it was barred from relitigating its prior determination that the zoning decision was not arbitrary, capricious, discriminatory or beyond the Board’s legal authority. Under the doctrine of collateral estoppel, the Presleys are precluded from relitigating in a second action issues already decided in the prior action. The circuit court’s prior judgment that denial of the rezoning request was not arbitrary, capricious, or unreasonable necessarily precludes recovery in the instant inverse condemnation suit. |
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