Miss. Dep't of Marine Resources v. Brown

Docket Number:	2002-CT-01404-SCT Linked Case(s): 2002-SA-01404-COA ; 2002-SA-01404-COA ; 2002-CT-01404-SCT ; 2002-CT-01404-SCT ; 2002-SA-01404-COA

Supreme Court:	Opinion Link Opinion Date: 02-24-2005 Opinion Author: Smith, C.J. Holding: Reversed and Rendered

Additional Case Information:	Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court:	Date of Trial Judgment: 06-11-2002 Appealed from: Jackson County Chancery Court Judge: Glenn Barlow Disposition: Brown appealed from the Commission on Marine Resources decision denying their application to fill approximately 1.64 acres of tidal marsh and to add 200 feet to an existing pier. The Jackson County Chancery Court reversed and rendered the decision, and the Department of Marine Resources appealed. Case Number: 2000-2337(GB)

Note:	The supreme court found that the Court of Appeals’ majority erred in reversing and remanding the case. The supreme court found that the Court of Appeals did not use the correct standard of review, and reversed and rendered.

	Party Name:	Attorney Name:
Appellant:	Mississippi Department of Marine Resources	SHARON H. HODGE JOSEPH A. RUNNELS, JR.

Appellee:	Sydney Brown and Stephanna Brown	NATHAN D. CLARK

Mississippi College School of Law