Clark v. Stephen D. Lee Found.
| Docket Number: | 2002-CA-00197-SCT Linked Case(s): 2002-CA-00197-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-03-2003 Opinion Author: Waller, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Sixteenth section property lease - Section 37-7-455 - Section 37-7-471 Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ. Judge(s) Concurring Separately: McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART Dissenting Author : Easley, J. Concur in Part, Dissent in Part 1: McRae, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 01-16-2002 Appealed from: Lowndes County Chancery Court Judge: Jason H. Floyd, Jr. Disposition: Entered summary judgment in favor of the Appellee. Case Number: 99-0592 |
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| Note: | McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Eric Clark, Secretary of State, State of Mississippi |
ALAN M. PURDIE
JAN F. GADOW
DION JEFFERY SHANLEY |
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| Appellee: | Stephen D. Lee Foundation, a Non-Profit Corporation | KATHERINE S. KERBY |
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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: | Sixteenth section property lease - Section 37-7-455 - Section 37-7-471 |
| Summary of the Facts: | The Stephen D. Lee Foundation, a non-profit corporation, filed a complaint to confirm leasehold title against Secretary of State Eric Clark requesting that a lease entered into between the Foundation and the Board of the Columbus Municipal Separate School District covering certain sixteenth section property be confirmed and ratified. The court entered summary judgment in favor of the Foundation thereby ratifying the lease. The Secretary of State appeals. |
| Summary of Opinion Analysis: | The Secretary argues that the court erred in granting the Foundation's motion for summary judgment on the premise that the lease was based on adequate consideration and was valid. Under section 37-7-455, land or buildings owned by a School District may be sold via sealed bids with the property going to the highest bidder for cash. Under Section 37-7-471, school boards may dispose of land or buildings if it is no longer needed for school related purposes, it will promote and foster the development and improvement of the community in which it is located, and the benefits will inure to the school district or the community. These statutes, however, only apply to property to which the school district actually holds title. School districts do not hold title to sixteenth section lands, but title to trust lands was granted by the federal government to, and resides in, the State. A school district cannot convey that which it does not own. The School Board had no authority to lease the property on the terms that it did. Because the $1.00 per year nominal rental is insufficient and amounts to an unconstitutional donation, the judgment is reversed and rendered. |
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