202 So. 3d 199
Miss.2016Background
- City of Jackson condemned Jordan's property for demolition after notice by mail failed and notice by publication was used; hearing date was set with less than two weeks’ notice.
- Jordan did not appear at the condemnation hearing, the house was condemned and demolished.
- Jordan later filed a notice of claim under the Mississippi Tort Claims Act and a constitutional due process claim.
- Trial court denied summary judgment on immunity; later, Jordan’s deed from his minor nephew was placed in issue, and the court found the conveyance voidable with ratification by majority.
- Bench trial awarded Jordan $12,513.53; the city challenged immunity, standing, damages, and procedure on appeal.
- Mississippi Supreme Court affirmed, holding Jordan had standing, notice failures excused timeliness, immunity did not bar due process claim, and damages were properly determined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue | Jordan had standing via voidable deed ratified upon majority. | City argued lack of standing based on conveyance validity. | Jordan had standing; deed voidable and ratified. |
| Timeliness of appeal under 11-51-75 | Notice defective; ten-day limit should not apply. | Strict statutory time-bar governs appeals from municipal decisions. | Section 11-51-75 time bar inapplicable due to inadequate notice. |
| Immunity and due process claim | City violated due process by failing to provide proper notice. | Immunity protects governmental actions; due process claims barred by immunity. | Immunity does not bar constitutional due process claim; notice failure can support due process violation. |
| Damages calculation | Damages supported by receipts and travel costs. | Challenged receipts and method of calculation. | Damages upheld; city waived proper objection at trial and on appeal. |
Key Cases Cited
- Conn v. Boutwell, 58 So. 105 (Miss. 1912) (voidable conveyance by minor can be ratified after majority)
- Brantley v. Wolf, 60 Miss. 420 (Miss. 1882) (minor's ratification can validate voidable contract)
- McPhail v. City of Lumberton, 832 So. 2d 489 (Miss. 2002) (timeliness of appeals from municipal decisions; jurisdictional issue)
- Scarborough v. City of Petal, 60 So. 3d 193 (Miss. Ct. App. 2010) (notice defective; mootness of time-bar under 11-51-75)
- Williams v. Walley, 295 So. 2d 286 (Miss. 1974) (adequacy of notice to render appellate remedy appropriate)
- Cook v. Bd. of Supervisors of Lowndes Cty., 571 So. 2d 932 (Miss. 1990) (notice and hearing requirements; applicability of 11-51-75 timing)
- Carthan v. Patterson, 134 So. 3d 374 (Miss. Ct. App. 2014) (takings and notice; curing jurisdictional issues via other claims)