324 So.3d 300
Miss.2021Background
- Tillman Infrastructure sought a special-exception to build a 290-foot tower in Marshall County; the Marshall County Board of Supervisors unanimously approved the request.
- American Tower (owner of a nearby tower) opposed and filed a notice of appeal in the Marshall County Circuit Court within ten days of the board decision.
- American Tower filed the notice with the circuit clerk and delivered a copy to the chancery clerk (who also served as board clerk) and to other parties, but did not deliver a copy directly to the board president as § 11-51-75 requires.
- Marshall County moved to dismiss, arguing lack of jurisdiction because the notice was not delivered to the board president; Tillman also moved to dismiss, arguing American Tower lacked standing to appeal against Tillman.
- The circuit court dismissed the appeal for lack of jurisdiction and later dismissed Tillman as a party for lack of standing.
- The Mississippi Supreme Court reversed and remanded, holding the failure to deliver the copy to the board president was a procedural defect that could be cured and that remaining issues (including standing) were without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to deliver a copy of the notice of appeal to the board president under Miss. Code § 11-51-75 divests the circuit court of jurisdiction | Filing the notice with the circuit clerk (and delivering to the board clerk/chancery clerk) satisfied the jurisdictional requirement; the delivery-to-president rule is procedural and curable | The statute's delivery-to-the-president requirement is mandatory and jurisdictional; noncompliance deprives the circuit court of jurisdiction and requires dismissal | The Court held filing the notice with the circuit clerk establishes jurisdiction; failure to deliver to the president is a procedural defect that may be cured — dismissal was reversible error |
| Whether American Tower had standing to prosecute the appeal solely against Tillman | American Tower contended it could appeal the board's decision and challenge the special exception, including as against the petitioner | Tillman argued American Tower lacked a private cause of action/standing to pursue the appeal solely against Tillman | The Court found the standing argument without merit and indicated the dismissal of Tillman was erroneous |
Key Cases Cited
- City of Jackson v. Allen, 242 So. 3d 8 (Miss. 2018) (explains bill-of-exceptions history and the post-Allen appellate procedure)
- Seyfarth v. Adams Cnty. Bd. of Supervisors, 267 So. 3d 767 (Miss. 2019) (prior rule treating ten-day limit and bill-of-exceptions filing as jurisdictional)
- Lowndes Cnty. ex rel. Bd. of Supervisors v. McClanahan, 161 So. 3d 1052 (Miss. 2015) (previously held statutory time limit jurisdictional)
- Chandler v. McKee, 202 So. 3d 1269 (Miss. 2016) (statutory interpretation reviewed de novo)
- Lawson v. Honeywell Int'l, Inc., 75 So. 3d 1024 (Miss. 2011) (plain-meaning rule for statutory interpretation)
- Palermo v. LifeLink Foundation Inc., 152 So. 3d 1099 (Miss. 2014) (statutory words given their ordinary meaning)