Cheeks v. Smith

MAXWELL, J.,

for the Court:

¶ 1. After the Board of Aldermen for the City of Canton, Mississippi, voted to remove four members of the Canton Utilities Commission, the ousted commissioners1 took two legal actions in the Madison County Circuit Court. They filed a bill of exceptions, which is the statutory procedure to appeal a municipal board’s decision 2 (Action 1). And they filed a separate complaint against the city, the board, and the mayor3 for injunctive relief from the very same board decision they had just appealed (Action 2).

¶ 2. But the Mississippi Supreme Court has been crystal clear…