Fortenberry v. City of Jackson

¶ 28. According to the circuit court, “[wjhen to repair, how to repair, where to repair, and how much money to spend on repairs are all decisions better left to the city governments of this state.” In my opinion, the circuit court’s conclusion, upheld by the Majority, is overbroad and misconstrues the plain language of Mississippi Code Section 21-27-189(b). (Maj. Op. at ¶ 26). Therefore, I respectfully dissent.

¶ 29. Under Section 21 — 27—189(b), there is no question that the City had the discretionary authority “[t]o construct, operate and maintain sewage systems.... ” Miss. Code Ann. §…