Legal Opinion · Concurrence

City of Jackson v. Camelot Apartments Ltd. Partnership

Court of Appeals of Mississippi

Decided January 27, 1998No. 96-CA-00254-COAPublished

1ConcurrenceHerring, Judge

¶ 20. Although I agree that the majority has reached the correct result in this case, I write separately to call attention to the fact that a different result would have occurred in many other states in our nation because of statutes enacted to impose liens on property to secure payment of water bills due to the utility provider. In those states, a new owner of property is responsible for delinquent water bills incurred by a prior owner because *196a lien is placed upon the property to secure the debt.

¶ 21. In the absence of a statute to the contrary, or a separate agreement to assume the debt of…

2Cases cited3 opinions

  1. Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
  2. Farrell v. WardDistrict of Columbia Court of Appeals · 1947
  3. Oliver v. HyleCourt of Appeals of Oregon · 1973

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