Legal Opinion · Dissent

City of Jackson v. United Water Services, Inc.

Mississippi Supreme Court

Decided November 18, 2010No. 2009-SA-01105-SCTPublished

1DissentGraves, Presiding Justice

¶ 17. Jackson Water Partnership (JWP) had a right to intervene in the circuit court action contesting the award of a contract to it by the City of Jackson. Because I would find that the circuit court erred in denying JWP’s motion to intervene, I respectfully dissent.

¶ 18. The majority’s statement that “the adoption of the Mississippi Rules of Appellate Procedure effectively supplanted” the applicable portion of Cooper v. City of Picayune, 511 So.2d 922, 923 (Miss.1987), is erroneous. (Maj. Op. at ¶ 13). Specifically, the majority states:

JWP certainly had the right to seek participation at the…

2Cases cited12 opinions

  1. Cummings v. BendermanMississippi Supreme Court · 1996
  2. Bush v. ViternaCourt of Appeals for the Fifth Circuit · 1984
  3. Falco Lime, Inc. v. Mayor & Aldermen of City of VicksburgMississippi Supreme Court · 2002
  4. Newell v. Jones CountyMississippi Supreme Court · 1999
  5. Crosby Steam Gage & Valve Co. v. Manning, Maxwell & Moore, Inc.District Court, D. Massachusetts · 1943

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