Legal Opinion · Dissent

Lowndes County ex rel. Board of Supervisors v. McClanahan

Court of Appeals of Mississippi

Decided April 29, 2014No. 2013-CA-00406-COAPublished

1DissentCarlton, J.

¶ 14. I respectfully dissent from the majority’s opinion. I disagree with the majority’s finding that the residents filed an untimely appeal from the Board’s decision. My disagreement with the majority stems from issues involving the following: (1) what constitutes an appealable decision of the Board; and (2) the Board’s power to reconsider its own prior resolution. Based upon a review of the record in this case, I would not vacate the decision of the circuit court but would instead affirm the decision on its merits. This dissent addresses the timeliness of the residents’ appeal rather than…

2Cases cited3 opinions

  1. Perkins v. PerkinsMississippi Supreme Court · 2001
  2. South Cent. Turf, Inc. v. City of JacksonMississippi Supreme Court · 1988
  3. Campbell v. StateCourt of Appeals of Mississippi · 2013

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