Green v. Southern Landfill Mgmt., Inc
| Docket Number: | 2004-CA-01524-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-03-2005 Opinion Author: Dickinson, Jess H. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Partition action - Section 11-21-41 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 06-07-2004 Appealed from: Jefferson County Circuit Court Judge: Robert Goza, Jr. Disposition: Granted summary judgment for defendant Case Number: 98-0055 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MARRION L. GREEN |
KEVIN DWIGHT MUHAMMAD |
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| Appellee: | SOUTHERN LANDFILL MANAGEMENT, INC., ROBERT R. HUME, R.R.H. HOLDINGS, INC., JACK TOMLINSON, AND J. M. TOMLINSON HOLDINGS, INC. | DANNY E. CUPIT, C. VICTOR WELSH, ROBERT WARREN MOAK |
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| Topic: | Real property - Partition action - Section 11-21-41 |
| Summary of the Facts: | R.R.H. Holdings, Inc. and J. M. Tomlinson Holdings, Inc. organized Southern Landfill Management, Inc. for the purpose of acquiring real property on which to construct, own and operate a sanitary landfill in Jefferson County. In 1993, Southern Landfill purchased approximately two-thirds undivided interest in a 113-acre parcel known as the Wesley Fulton Tract. Southern Landfill leased the remaining one-third undivided interest from Marrion Green, who did not wish to sell. The primary term of the lease was fifteen years with an option to renew for an additional ten years. The lease also provided that after the landfill closed, but not sooner than 25 years, Southern Landfill would deed to Green any property it owned in the Wesley Fulton Tract not part of the actual landfill. The lease further provided that the property used for the landfill would be deeded to Green upon release by the Mississippi Department of Environmental Quality. In 1996, Southern Landfill filed an action seeking partition of the Wesley Fulton Tract. Green counterclaimed for specific performance of the Lease Agreement. While Green’s counterclaim was still pending, the chancellor dismissed Southern Landfill’s partition suit for failure to prosecute. However, prior to the dismissal of the partition suit, Green filed a tort action for damages. The defendants sought dismissal of the complaint and alternatively, moved for summary judgment. The court granted summary judgment to all parties except Southern Landfill and dismissed all claims against Southern Landfill except for other claims it might have for breach of the lease agreement. Green appeals. |
| Summary of Opinion Analysis: | Green argues that Southern Landfill tortiously breached the Lease Agreement by virtue of filing the partition action. However, Green cites no authority supporting the proposition that exercising the legal right to partition creates a cause of action in contract or tort. In addition, Green is statutorily protected by virtue of section 11-21-41 from any deprivation of rights through the partition process. |
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