Town Creek Master Water Management District of Lee v. Webb, 93 So. 3d 20

Town Creek appeals a chancery court award of damages, fees, and prejudgment interest for taking the Webbs' property.
This case was on remand after the Mississippi Supreme Court reversed summary judgment and instructed a trial on all issues.
Webbs owned three tracts (A, B, C) in Saltillo with Dan/Rachael Webb; Denton/Ruby Webb hold life estates on B and C.
Town Creek sought a permanent easement for Dam No. 48; notice issues and due-process concerns were raised in earlier proceedings.
The Supreme Court remanded for a trial on all issues; the 2008-2009 trial proceeded but reportedly limited to damages.
Final judgment awarded compensatory/punitive damages, attorney fees, and prejudgment interest; Town Creek and Webbs cross-appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Town Creek preserved error on remand	Town Creek preserved challenge to remand scope	Webbs contend only damages issues were remanded	Issue preserved; remand required trial on all issues
Whether trial on remand properly addressed all claims beyond damages	Webbs’ claims include conversion, trespass, Section 95-5-10, and due process	Only Section 1983 claim and damages were at issue	Court must try all pleaded issues, not only damages
Whether attorney fees under 42 U.S.C. § 1983 were properly awarded	The Webbs were entitled to fees if elements proven under §1983	Fees require proof of all §1983 elements	Remand for complete proof of all applicable claims; separate ruling not dispositive
Whether punitive damages were properly awarded	Punitive damages warranted by intentional deprivation of due process	Punitive award insufficient or improper under law	Remand required full consideration of all issues; punitive damages not dispositive
Whether prejudgment interest and other damages were properly calculated	Damages should reflect all compensable harms, including tree losses	Calculation appropriate under governing standards	Remand to determine all issues including proper compensation

Town Creek Master Water Management Dist. v. Webb, 903 So.2d 701 (Miss. 2005) (reversed summary-judgment grant; remanded for trial on all issues)
Dunn v. Dunn, 695 So.2d 1152 (Miss.1997) (mandate binding on remand; compliance with appellate directions)
Harris v. Miss. Valley State Univ., 873 So.2d 970 (Miss.2004) (seven-element test for §1983 claims)
Mississippi State Fed'n of Colored Women’s Club Housing for Elderly in Clinton, Inc. v. L.R., 62 So.3d 351 (Miss.2010) (standard of review for related constitutional/summary judgments)