McPhail v. City of Lumberton

Docket Number:	2001-CA-01816-SCT

Supreme Court:	Opinion Date: 12-12-2002 Opinion Author: EASLEY, Holding: AFFIRMED AS MODIFIED

Additional Case Information:	Judge(s) Concurring: PITTMAN, C.J., McRAE AND SMITH, P.JJ., WALLER, DIAZ, CARLSON AND GRAVES, JJ. Concurs in Result Only: COBB, J., Procedural History: Summary Judgment Nature of the Case: State Boards and Agencies

Trial Court:	Date of Trial Judgment: 11-13-2001 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: In considering Lumberton's motion for summary judgment, the trial court determined that McPhail was a discretionary employee who was properly removed from his position as municipal judge. The circuit court further held that McPhail did not obtain the necessary two-thirds majority vote of the members of the Board in order to override the Mayor's veto of the Board's majority vote to reinstate McPhail.

Note:	City judge removed by city council. Judge sued to be reinstated.

	Party Name:	Attorney Name:
Appellant:	LARRY McPHAIL	ORVIS A. SHIYOU

Appellee:	CITY OF LUMBERTON, MISSISSIPPI	WILLIAM E. ANDREWS, III

Mississippi College School of Law