Articles Posted in Supreme Court of Mississippi

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Twenty-one public school districts claimed the Mississippi Legislature’s appropriations for public education during fiscal years 2010-2015 were statutorily inadequate. The districts contended Mississippi Code Section 37-151-6 mandated the Legislature fully fund the Mississippi Adequate Education Program (MAEP), but the Legislature failed to follow this mandate. They sought judicial enforcement of this statute in Hinds County Chancery Court, requesting more than $235 million in State funds - the difference between what they received and what they claim they should have received had the Legislature fully funded MAEP. The chancellor found the school districts were not entitled to relief because he determined that Section 37-151-6 was not a binding mandate. The chancellor, therefore, ​dismissed the school districts’ claim. Because the Mississippi Supreme Court found that Section 37-151-6 was not mandatory, it affirmed. View "Clarksdale Municipal School District et al. v. Mississippi" on Justia Law

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The Mississippi Supreme Court found that Tunica County failed to meet its burden of proof that Chapter Number 920, Local and Private Laws of 2004 (“House Bill 1002”) unconstitutional or otherwise unlawful. Tunica County sought review of a Circuit Court’s summary-judgment ruling that the law, which required the County to distribute portions of a revenue based gaming fee to the Town of Tunica and the Tunica County School District, was constitutional. Specifically, the County argued: House Bill 1002 deprived it of its property interest in the casino fees without due process of law; the distributions required by House Bill 1002 constituted an unlawful donation of public funds; House Bill 1002 impermissibly suspended certain general statutes and provided improper support for a common school; alternatively, the County alleged that House Bill 1002 violated Mississippi common law and that the current Board of Supervisors could not be bound by the decisions of prior Boards to comply with the law. The County asked the circuit court to declare House Bill 1002 unconstitutional and issue an injunction against the continued enforcement of the statute. The Supreme Court concluded the County lacked standing to challenge House Bill 1002 on due process grounds; notwithstanding, the County’s argument was without merit because its authority to impose the 3.2 percent gaming fee came from the Legislature, not the constitution. The Court concluded the arguments made with respect to the other issues the County raised on appeal were without merit. The Court affirmed the grant of summary judgment, but vacated on the award of attorney’s fees. The case was remanded for a determination of whether there was a legal basis for the award of fees, and if so, whether the requested amounts were reasonable. View "Tunica County v. Town of Tunica" on Justia Law

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After a year of bullying and intimidation by a small group of students, Yahenacy Smith was beaten and severely injured while riding the school bus home. Smith sued the Leake County School District, alleging negligence and negligence per se. The circuit court found that the school district was entitled to discretionary-function immunity and granted the school district’s motion for summary judgment. Smith appealed. Finding that the broad governmental function of the school district here was ministerial, the Mississippi Supreme Court reversed the circuit court’s grant of summary judgment and remanded the case to the circuit court for Smith to proceed with her claims. View "Smith v. Leake County School District" on Justia Law

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Hattiesburg High School (“HHS”) filed a complaint for injunctive relief against the Mississippi High School Activities Association (“MHSAA”), alleging that its decision to declare one of HHS’s students ineligible to participate in athletics was arbitrary and capricious. The Forrest County Chancery Court agreed, and it vacated the penalties that MHSAA had imposed against HHS. MHSAA appealed. Because the Supreme Court found that HHS failed to state a legally cognizable claim or cause of action, we vacate the decisions of the Forrest County Chancery Court. View "Mississippi High School Activities Association, Inc., v. Hattiesburg High School" on Justia Law