Bennett v. Pearl River County


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Docket Number: 2007-CA-00673-SCT

Supreme Court: Opinion Link
Opinion Date: 08-07-2008
Opinion Author: LAMAR, J.
Holding: Affirmed

Additional Case Information: Topic: Writ of mandamus - Standing - Section 11-41-1
Judge(s) Concurring: SMITH, C.J., DIAZ, P.J., EASLEY, CARLSON, GRAVES AND DICKINSON, JJ.
Judge(s) Concurring Separately: RANDOLPH, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY WALLER, P.J. ; DICKINSON, J. JOINS IN PART
Concur in Part, Concur in Result 1: WALLER, P.J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 03-28-2007
Appealed from: PEARL RIVER COUNTY CIRCUIT COURT
Judge: Prentiss Harrell
Disposition: The trial court granted summary judgment in favor of the Board of Supervisors and denied Bennett's request for a writ of mandamus.
Case Number: 2006-0191

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: RICHARD H. BENNETT, INDIVIDUALLY AND THE CONCERNED CITIZENS OF PEARL RIVER COUNTY, MISSISSIPPI




WILLIAM H. JONES



 
  • Appellant #1 Brief

  • Appellee: BOARD OF SUPERVISORS OF PEARL RIVER COUNTY, MISSISSIPPI LAWRENCE C. GUNN, JR., CLAIBORNE McDONALD, IV  

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    Topic: Writ of mandamus - Standing - Section 11-41-1

    Summary of the Facts: Dr. Richard Bennett and the “Concerned Citizens of Pearl River County” filed a complaint for writ of mandamus in an attempt to compel the Pearl River County Board of Supervisors to respond to a petition which would require a countywide vote to be held on whether to enlarge the county landfill. The trial court granted summary judgment for the Board of Supervisors and denied Bennett’s request for writ of mandamus. Bennett appeals.

    Summary of Opinion Analysis: The plaintiffs argue that, as the Board refused to accept jurisdiction of the petition, mandamus was their only option. Four elements must coexist before a writ of mandamus may issue: the petitioner must be authorized to bring the suit, there must be a clear right in petitioner to the relief sought, there must exist a legal duty on the part of the defendant to do the thing which the petitioner seeks to compel, and there must be no other adequate remedy at law. Also, petitioners for writs of mandamus must also show that they have an interest separate from or in excess of that of the general public in order to have standing to seek the writ. Bennett and the “Concerned Citizens” must establish standing under the “any-private-person-who-is-interested” provision of section 11-41-1. The plaintiffs lack standing because they have failed to show that they have any interest in this subject matter separate or in excess of that of the general citizens of Pearl River County. Therefore, they lack standing to pursue the remedy of mandamus.


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