Legal Opinion

Pearson's Fireworks, Inc. v. City of Hattiesburg

Court of Appeals of Mississippi

Decided July 26, 2011No. 2010-CA-00495-COAPublishedCited by 2 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. In 2008, Pearson’s Fireworks, Inc. (Pearson’s) brought three claims against the City of Hattiesburg, Mississippi. Pearson’s sought (1) a declaratory judgment that the city ordinance prohibiting the sale of fireworks was unenforceable against it, (2) damages for the “regulatory taking” of its business, should the city ordinance be declared enforceable, and (3) injunctive relief preventing Hattiesburg from closing its business until the resolution of its first and second claims. In 2010, the Lamar County Circuit Court granted summary judgment in favor of…

2Cases cited5 opinions

  1. Ind. Lumbermen's Mut. Ins. v. Curtis MathesMississippi Supreme Court · 1984
  2. Williams v. Bud Wilson's Mobile Home ServiceCourt of Appeals of Mississippi · 2004
  3. Miller v. Continental Mineral ProcessingCourt of Appeals of Mississippi · 2010
  4. Lloyd G. Oliphant & Sons Paint Co. v. LoganCourt of Appeals of Mississippi · 2009
  5. Miller v. RB Wall Oil Co., Inc.Court of Appeals of Mississippi · 2002

3Cited by2 opinions

  1. Estate of Ristroph v. RistrophCourt of Appeals of Mississippi · 2012
  2. Pearson's Fireworks, Inc. v. City of Hattiesburg, MississippiMississippi Supreme Court · 2014

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