City of Jackson v. McAllister

DAN M. LEE, Justice,

for the court:

This case comes to us on appeal from the Special Court of Eminent Domain, Hinds County, wherein the trial judge sustained the appellee’s motion to dismiss. Following the trial court’s ruling the City of Jackson was prevented from taking the subject property and hence brings this appeal and assigns as error the following:

1. The Court erred in ruling that anything more than a showing of present public convenience and necessity was required in order to sustain the condemnation action.

2. The Doctrine of Res Judicata relied upon by the trial Judge is inapplicable…