Legal Opinion · Dissent

City of Tupelo, Mississippi v. Terry Y. McMillin

Mississippi Supreme Court

Decided April 14, 2016No. 2014-CA-01378-SCTPublished

1DissentKitchens, Justice

¶ 32. Because I believe this Court’s deferential standard of review requires us to affirm the the circuit court’s findings on liability, I respectfully dissent. I would affirm the circuit court’s ruling that the City was equitably estopped from raising the statute of limitations, defense due to Vail’s intentionally misleading actions. I also would affirm the circuit court’s finding that the City was not immune from liability under the Mississippi Tort Claims Act for the McMillins’ claims for repairs to their home (the Residence) and for the legal fees-incurred in their lawsuit against…

2Cases cited13 opinions

  1. Donald v. Amoco Production Co.Mississippi Supreme Court · 1999
  2. Little v. Mississippi Department of TransportationMississippi Supreme Court · 2013
  3. Lang v. Bay St. Louis/Waveland School DistrictMississippi Supreme Court · 1999
  4. City of Jackson v. LipseyMississippi Supreme Court · 2003
  5. Mississippi Department of Environmental Quality v. WeemsMississippi Supreme Court · 1995

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