Miss., et al. v. Bd. Of Levee Commissioners for the Yazoo-Miss. Delta
| Docket Number: | 2005-SA-00104-SCT | |
| Oral Argument: | 02-15-2006 | |
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| Supreme Court: | Opinion Link Opinion Date: 06-15-2006 Opinion Author: Randolph, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Constitutionality of Section 7(4) of House Bill 1279 (2004) - Authority of Board of Levee Commissioners - Miss. Const. of 1890, Art. 11, Sections 232 and 236 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : EASLEY, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 12-20-2004 Appealed from: Coahoma County Chancery Court Judge: William Willard Disposition: Court granted Summary Judgment in favor of Appellee Case Number: 2004-467 |
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| Party Name: | Attorney Name: | |||
| Appellant: | STATE OF MISSISSIPPI AND J. K. STRINGER,
JR., IN HIS OFFICIAL CAPACITY AS STATE
FISCAL OFFICER, AND JIM HOOD, ATTORNEY
GENERAL OF THE STATE OF MISSISSIPPI, EX
REL. THE STATE OF MISSISSIPPI |
MEREDITH McCOLLUM ALDRIDGE,
HAROLD EDWARD PIZZETTA, III |
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| Appellee: | THE BOARD OF LEVEE COMMISSIONERS FOR THE YAZOO-MISSISSIPPI DELTA | WILLIAM F. GOODMAN, JR., JOHN G. CORLEW, GEORGE R. FAIR JOHN P. HENSON, RICHARD G. NOBLE, FRANK OWEN CROSTHWAIT, JR. |
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| Topic: | Constitutionality of Section 7(4) of House Bill 1279 (2004) - Authority of Board of Levee Commissioners - Miss. Const. of 1890, Art. 11, Sections 232 and 236 |
| Summary of the Facts: | On July 1, 2004, J.K. Stringer, Jr., the State Fiscal Officer, made demand upon the Board of Levee Commissioners of the Yazoo-Mississippi Delta Levee District for $5,000,000.00 pursuant to Section 7(4) of House Bill 1279 (2004). The Board filed suit in the Coahoma County Chancery Court seeking a declaration that the legislation was unconstitutional and an injunction preventing its enforcement. The court granted summary judgment in the Board’s favor, declaring Section 7(4) of House Bill 1279 unconstitutional and enjoining the State from enforcing the legislation. The State appeals. |
| Summary of Opinion Analysis: | The State not only argues that Section 7(4) did not violate any specific constitutional authority granted to the Board, it further asserts that the constitutional provisions of Article 11, Section 227 et seq. support its passage. The Board argues that the plain language of Article 11 renders Section 7(4) facially unconstitutional, because the language of Article 11 pertaining to the Board takes on a constitutional character. In the estimation of the Board, it can only meet its constitutional obligation of erecting, repairing, and maintaining the levees if it controls the revenues acquired within the District for levee purposes. Therefore, the Board asserts Section 7(4), which directs funds of the Yazoo-Mississippi Delta Levee District to the Budget Contingency Fund of the State, to be an unconstitutional act of legislative control because it was wrought in direct contravention of the express constitutional provisions of Article 11. The State argues that the Board’s authority under Article 11 to supervise the “erection, repair, and maintenance” of the levees does not immunize it from legislative control over its funds. Section 7(4) clearly conflicts with the language of the Mississippi Constitution of 1890, Article 11, Sections 232 and 236. Article 11, Section 232 gives the Board “plenary authority to deal with the ‘erection, maintenance, and repair’ of the levee system ... .” Article 11, Section 236 expressly prohibits the use of Board funds for nonlevee purposes. Since Section 7(4) mandates Board funds be converted to the Budget Contingency Fund for use other than levee purposes (the erection, maintenance, and repair of the levee system), the Legislature overstepped the bounds of its constitutionally imposed limitation. Article 11, Section 236 does not permit the Legislature to take Board funds which are constitutionally mandated for levee purposes, and redirect them toward non-levee purposes. Section 7(4) is therefore unconstitutional. |
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