Falco Lime, Inc., et Al. v. The Mayor and Aldermen of the City of Vicksburg


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Docket Number: 1999-CA-01284-SCT
Linked Case(s): 1999-CA-01284-SCT CONSOLIDATED WITH 1999-CA-01277-SCT ; 1999-CA-01284-SCT

Supreme Court: Opinion Date: 10-24-2002
Opinion Author: COBB,
Holding: AFFIRMED IN PART; REVERSED & RENDERED IN PART; REVERSED & REMANDED IN PART

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ.,
Judge(s) Concurring Separately: EASLEY, J., CONCURS IN PART AND DISSENTS IN PART
Non Participating Judge(s): DIAZ AND GRAVES, JJ.,
Dissenting Author : McRAE, P.J.,
Procedural History: Admin or Agency Judgment
Nature of the Case: State Boards and Agencies

Trial Court: Date of Trial Judgment: 06-30-1999
Appealed from: WARREN COUNTY CIRCUIT COURT
Judge: Isadore Patrick
Disposition: The circuit court refused to find the Board personally liable in their individual capacities for either funds or fees, and Falco asks this Court to reverse the trial court's judgment. ΒΆ3. The second case consolidated in this appeal is Falco's own appeal from another judgment of the Warren County Circuit Court, dated June 30, 1999, which dismissed Falco's appeal of the Board's decision to create a municipal airport authority and to appoint two commissioners to that authority who allegedly were in violation of section 109 of our state constitution.
  Consolidated: CONSOLIDATED WITH NO. 1999-CA-01277-SCT

Note: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ., CONCUR. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION. DIAZ AND GRAVES, JJ., NOT PARTICIPATING.

  Party Name: Attorney Name:  
Appellant: FALCO LIME, INC., L & L AVIATION, INC., LARRY L. LAMBIOTTE, J. FRED FARRELL, LETOURNEAU, INC., LAWSON'S AVIATION SERVICE, INC., JOHN G. PETERSON d/b/a VICKSBURG ENGINEERING & MANUFACTURING, NASSOUR AVIATION, INC., J. MICHAEL NASSOUR, RICHARD TUCKER d/b/a AVCON, BENNY MAY d/b/a PILOT SERVICES CO., CHARLES WAYNE BROWN d/b/a SOUTH DELTA AVIATION, FRANK A. MAY, GENERAL AVIATION SERVICES OF MISSISSIPPI, INC., CAPPAERT ENTERPRISES, A LIMITED PARTNERSHIP, CAPPAERT MANUFACTURED HOUSING, INC., MICHAEL L. CAPPAERT AND ERNEST G. THOMAS




KENNETH M. HARPER HENRY DEAN ANDREWS



 

Appellee: THE MAYOR AND ALDERMEN OF THE CITY OF VICKSBURG HENRY DEAN ANDREWS JOHN L. MAXEY, II JOHN F. HAWKINS CHRISTINA CARROLL TIMOTHY DALE CRAWLEY NANCY DAVIS THOMAS P. SHARKEY BURKE, JR.  


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