McLemore v. Miss. Transp. Comm'n

Docket Number:	2005-CA-02076-SCT Linked Case(s): 2005-CA-02076-SCT ; 2005-CA-02076-SCT ; 2005-CA-02076-SCT

Supreme Court:	Opinion Date: 03-08-2007 Opinion Author: GRAVES, J. Holding: Reversed and Remanded

Additional Case Information:	Judge(s) Concurring: DIAZ, P.J., EASLEY, RANDOLPH AND LAMAR, JJ. Dissenting Author : WALLER, P.J. Dissent Joined By : SMITH, C.J., AND CARLSON, J. Concurs in Result Only: DICKINSON, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court:	Date of Trial Judgment: 09-23-2005 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: Dennis and Tammy McLemore filed suit in the Circuit Court of DeSoto County against the Mississippi Transportation Commission (MTC) and Talbot Brothers Contracting Co., Inc., alleging a taking without just compensation in violation of the Mississippi and U.S. Constitutions due to flooding and siltation on real property from negligence in the 2 construction of a highway. The trial court granted summary judgment for MTC. Subsequently, the McLemores filed this appeal. Case Number: 2004-297CD
	Consolidated: Consolidated with 2007-SA-00597-SCT

Note:	Link Inactive On the Court's own motion, the McLemores' appeal is dismissed without prejudice, pursuant to Rule 54(b) of the Mississippi Rules of Civil Procedure. Appellants taxed with costs of appeal.

	Party Name:	Attorney Name:
Appellant:	DENNIS M. McLEMORE AND WIFE, TAMMY C. McLEMORE	JOSEPH WALKER SIMS

Appellee:	MISSISSIPPI TRANSPORTATION COMMISSION	RICHARD G. NOBLE J. ANTHONY WILLIAMS

Mississippi College School of Law