Board of Levee Commissioners v. Wineman

ETHRIDGE, Chief Justice:

This case originated in the Circuit Court of Tunica County with a petition for a permanent writ of prohibition filed by petitioners-appellees, Wade S. Wineman and another, against the Board of Levee Commissioners for the Yazoo-Mississippi Delta. The question is whether the evidence reflects a manifest abuse of discretion by the Board in its decision that it should take by eminent domain the fee simple title to the land of petitioners, rather than only an easement. The circuit court held that there was no public necessity for taking a fee title. We reverse, holding that…