City of Jackson v. United Water Services, Inc.
47 So. 3d 1160
Miss.2010Background
- In March 2008, the City issued an RFP for Operation, Maintenance and Management of the Wastewater Facilities; proposals were received from UWS and JWP around May 2008.
- An internal evaluation produced a pricing comparison showing UWS cheaper than JWP; Southwest Water Company was also a bidder with a third price.
- On November 10, 2008, the Jackson City Council awarded the contract to JWP by a four-to-one vote, despite UWS’s lower bid.
- UWS appealed the award to the circuit court under Mississippi Code Section 11-51-75, claiming improper RFP process; JWP sought to intervene in the appeal.
- The circuit court denied JWP’s motion to intervene; the City and JWP appealed the denial to the Mississippi Supreme Court.
- The central question was whether JWP could intervene in the appellate proceeding given the lack of statutory right to intervene under Section 11-51-75 and the governing appellate rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can JWP intervene in the appellate proceeding? | JWP asserted a right to intervene under MRCP 24, citing Cooper and related authority. | The court should deny intervention because Section 11-51-75 limits appeals to the aggrieved, and Mississippi Rules of Appellate Procedure do not permit appellate intervention. | Intervention was not available; circuit court’s denial affirmed for lack of authority. |
Key Cases Cited
- Falco Lime, Inc. v. Mayor & Aldermen of City of Vicksburg, 836 So.2d 711 (Miss. 2002) (review of board action; de novo scope when no hearing)
- Cooper v. City of Picayune, 511 So.2d 922 (Miss. 1987) (circuit court as appellate; intervention rights discussed)
- Malone v. Leake County Bd. of Supervisors, 841 So.2d 141 (Miss. 2003) (evidence of hearing through board actions; de novo review context)
- Cook v. Bd. of Supervisors of Lowndes County, 571 So.2d 932 (Miss. 1990) (de novo review where no hearing conducted)
- Gates v. Union Naval Stores Co., 92 Miss. 227 (Miss. 1908) (historical scope of appellate proceedings)
- Cummings v. Benderman, 681 So.2d 97 (Miss. 1996) (intervention authority in appellate context recognized under MRAP)
- Newell v. Jones County, 731 So.2d 580 (Miss. 1999) (appellate review context; evidence constraints)
- Yalabusha County v. Carbry, 11 Miss. 529 (Miss. 1844) (historical appellate procedure principles)