Cheryl L. High v. Todd Kuhn

MAXWELL, JUSTICE, FOR THE COURT:

¶ 1. In High v. Kuhn , 191 So.3d 113 (Miss. 2016) ( High I ), we reversed and rendered the judgment of the special court of eminent domain, specifically finding the plaintiffs, Todd and Angela Kuhn, were not entitled to condemn Cheryl High's property for a private road. The statutory procedures governing eminent-domain actions permit a defendant like High to recover expenses-including attorney's fees-when "the judgment be that the plaintiff is not entitled to a judgment condemning property[.]" Miss. Code Ann. § 11-27-37 (Rev. 2004). Following this Court's…