City of Jackson, et al. v. Greene, et al.
| Docket Number: | 2003-IA-00385-SCT Linked Case(s): 2003-IA-00385-SCT ; 2003-M-00385-SCT ; 2003-IA-00385 ; 2003-M-00385 |
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| Supreme Court: | Opinion Link Opinion Date: 04-08-2004 Opinion Author: Smith, C.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Bill of exceptions - Standing - Section 11-51-75 - Section 25-4-19 - Section 25-4-107 Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 02-26-2003 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Denied the City's motion for a stay of the preliminary injunction and an order granting interlocutory appeal. Case Number: 251-03-317 |
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| Note: | Appellants' Motion to Supplement the Record is granted and the attached exhibits shall be accepted for filing. | |
| Party Name: | Attorney Name: | |||
| Appellant: | City of Jackson, Jackson City Council and the Jackson Public School District |
SAMUEL L. BEGLEY
TERRY WALLACE
ELIZABETH LEE MARON
W. DAVID WATKINS |
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| Appellee: | Carolyn Greene and Charles Tisdale | IMHOTEP ALKEBU-LAN |
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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: | Bill of exceptions - Standing - Section 11-51-75 - Section 25-4-19 - Section 25-4-107 |
| Summary of the Facts: | Carolyn Greene and Charles Tisdale, two parents who have children in the Jackson Public School District, filed a bill of exceptions alleging that Council members Leslie McLemore and William "Bo" Brown should have recused themselves from a Jackson City Council vote which confirmed the Mayor’s appointment of two members to the JPS Board of Trustees. The parents also filed a motion for temporary restraining order and preliminary injunction. The circuit court denied the City's motion for a stay of the preliminary injunction and an order granting interlocutory appeal. The Supreme Court granted the City's petition for interlocutory appeal and a stay of the preliminary injunction pending the Court's determination of the appeal. |
| Summary of Opinion Analysis: | The parents initiated this action pursuant to section 11-51-75, which authorizes a person aggrieved by a judgment or decision of a city to appeal to the circuit court utilizing a bill of exceptions. However, this statute does not confer standing. A party challenging a municipal decision under section 11-51-75 has the burden of demonstrating a specific impact or harm felt by him that was not suffered by the general public. Section 11-51-75 must be read in light of the Mississippi Ethics in Government provisions. Section 25-4-19 authorizes the Mississippi Ethics Commission to investigate any alleged violation of law by public officials or public employees when it receives a signed complaint from any person. Furthermore, section 25-4-107 provides that any such complaint may be initiated only by the Mississippi Ethics Commission or the district attorney of the county in which the violation occurred. Where a person objects to unethical conduct by a municipal body, he or she is only entitled to file a charge with the Mississippi Ethics Commission for investigation and subsequent action in the courts. That is the procedure which these individuals here should have followed. Their bill of exceptions was unquestionably couched in terms of a challenge to the ethical conduct of two council members. Therefore, the bill of exceptions is dismissed for lack of standing. |
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