Green, et al. v. Cleary Water, Sewer & Fire Dist.
| Docket Number: | 2003-CA-01062-COA Linked Case(s): 2003-CT-01062-SCT ; 2003-CT-01062-SCT ; 2003-CT-01062-SCT ; 2003-CA-01062-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: King, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Regulation of on-site wastewater disposal systems - Enactment of ordinance - Section 19-5-173 - Mississippi Individual On-Site Wastewater Disposal System Law Judge(s) Concurring: Irving, Myers and Chandler, JJ. Non Participating Judge(s): Bridges and Southwick, P.JJ. Dissenting Author : Griffis, J. Dissent Joined By : Lee, J. Procedural History: Summary Judgment Nature of the Case: CIVIL-OTHER |
|
| Trial Court: |
Date of Trial Judgment: 04-17-2003 Appealed from: RANKIN COUNTY CHANCERY COURT Judge: Jason H. Floyd, Jr. Disposition: SUMMARY JUDGMENT GRANTED TO CLEARY WATER, SEWER & FIRE DISTRICT Case Number: 52041 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Harold Green, et al., and City of Richland, Mississippi |
JAY MAX KILPATRICK
PAUL B. HENDERSON
DAVID RINGER
MICHAEL D. CAPLES |
||
| Appellee: | Cleary Water, Sewer & Fire District | JAMES A. BOBO |
|
|
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: | Regulation of on-site wastewater disposal systems - Enactment of ordinance - Section 19-5-173 - Mississippi Individual On-Site Wastewater Disposal System Law |
| Summary of the Facts: | 123 residents of Rankin County brought suit against the Cleary Water, Sewer, & Fire District, arguing that the District did not have statutory authority to enact an Ordinance regulating individual on-site wastewater disposal systems. The City of Richland was granted a motion to intervene. The residents and the City were seeking a declaratory judgment and injunctive relief against the District. The chancellor granted the District’s motion for summary judgment. Green and the City appeal. |
| Summary of Opinion Analysis: | Green argues that section 19-5-173 grants general powers to the District, but it does not expressly or impliedly grant the District jurisdiction over the use, repair, maintenance, or operation of individual on-site wastewater disposal systems. Green also argues that the Ordinance is preempted by the Mississippi Individual On-Site Wastewater Disposal System Law which grants the Mississippi State Department of Health sole authority over individual wastewater systems. When governmental entities act pursuant to their police powers, and in the absence of a binding agreement, they are free to conduct their affairs in a manner consistent with their best interests provided their actions are reasonably related to the attainment of those interests and are not arbitrary, oppressive or discriminatory. As the District acted under the authority of its general police powers, the Ordinance is a valid exercise of its authority. The Mississippi On-Site Wastewater Disposal System Law, while not mentioning sewer districts, does not expressly prevent sewer districts from regulating the use or maintenance of individual on-site wastewater disposal systems. In fact, the Ordinance was adopted at the request of the Mississippi State Department of Health, the agency given the authority under the Mississippi Individual On-Site Wastewater Disposal System Law over wastewater disposal systems. The District must be given the ability to protect the potable water that it supplies to its customers through regulations protecting the health of these customers. Therefore, the chancellor did not err in granting summary judgment to the District. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
