Miss. Transp. Comm'n v. Eng'g Assocs.
| Docket Number: | 2007-CT-01780-SCT Linked Case(s): 2007-SA-01780-SCT ; 2007-SA-01780-COA ; 2007-SA-01780-COA ; 2007-CT-01780-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-10-2010 Opinion Author: Lamar, J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Administrative law - Jurisdiction - Miss. Const. art. 6, § 156 - Section 11-51-75 - Section 11-51-95 Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 07-27-2007 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: The Mississippi Transportation Commission rescinded a memorandum of understanding between Engineering Associates, Inc., and the City of Meridian. EAI appealed that decision to the circuit court, which found MTC’s decision to be arbitrary and capricious. The Court of Appeals affirmed the trial court's decision. Case Number: 251-05-232CN |
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| Note: | This judgment reverses and remands a previous judgment by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO55974.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MISSISSIPPI TRANSPORTATION COMMISSION |
JAMES H. ISONHOOD, LAWRENCE ARTHUR SCHEMMEL |
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| Appellee: | ENGINEERING ASSOCIATES, A DIVISION OF PICKERING FIRM, INC. | MARK D. HERBERT, KEVIN ALAN CROFT |
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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: | Administrative law - Jurisdiction - Miss. Const. art. 6, § 156 - Section 11-51-75 - Section 11-51-95 |
| Summary of the Facts: | The Mississippi Transportation Commission rescinded a memorandum of understanding between Engineering Associates, Inc., and the City of Meridian. EAI appealed that decision to the circuit court, which found MTC’s decision to be arbitrary and capricious. The Court of Appeals affirmed the decision. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Pursuant to Miss. Const. art. 6, § 156, the circuit court shall have jurisdiction in all matters civil and criminal in this state not vested by this Constitution in some other court, and such appellate jurisdiction as shall be prescribed by law. The circuit court has no authority to judicially create a right of appeal from an administrative agency in the absence of clear statutory authority therefore. Thus, in this case, the appellate jurisdiction of the circuit court is limited to that prescribed by law. Neither section 11-51-75 nor section 11-51-95 can be used by EAI to seek appellate review of this administrative decision by MTC. EAI argues that the circuit court acquired jurisdiction of this action under URCCC 5.03. However, this rule does not confer jurisdiction over appeals but rather provides for the standard of review. Without a statutory right of appeal, any review of MTC’s decision could be sought only through an independent action. The circuit court thus lacked jurisdiction over EAI’s appeal. |
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