Legal Opinion

Carl Ronnie Daricek Living Trust v. Hancock County Ex Rel. Board of Supervisors

Mississippi Supreme Court

Decided May 13, 2010No. 2009-IA-01513-SCT, 2009-IA-01514-SCT, 2009-IA-01515-SCTPublishedCited by 10 opinions

1Opinion of the Court

RANDOLPH, Justice,

for the Court:

¶ 1. The three consolidated cases are nearly identical. 1 Landowners assert in this interlocutory appeal that the statute used by Hancock County to condemn their property for a temporary construction easement is unconstitutional, or has been repealed and/or superseded by a subsequent statute. The landowners seek a remand to the Hancock County Board of Supervisors to begin proceedings “anew.” We affirm the decision of the circuit court and remand.the matter to that court for a jury trial, if requested by the landowners.

FACTS AND PROCEDURAL HISTORY

¶ 2. Hurricane…

2Cases cited31 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Shaffer v. HeitnerSupreme Court of the United States · 1977
  4. Young v. United States Ex Rel. Vuitton Et Fils S. A.Supreme Court of the United States · 1987
  5. Roberts v. Miss. Rep. Party State Exec. Comm.Mississippi Supreme Court · 1985

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3Cited by10 opinions

  1. State of Mississippi v. Kenneth F. MurphyMississippi Supreme Court · 2016
  2. Hall v. Jackson County Department of Human ServicesCourt of Appeals of Mississippi · 2016
  3. Mississippi Department of Public Safety v. JohnsonCourt of Appeals of Mississippi · 2011
  4. Moore v. StateCourt of Appeals of Mississippi · 2016
  5. Jones County School District and Jones County School Board v. Covington County School District, Covington County School Board, Arnetta Crosby, in Her Capacity as Superintendent of Education of the Covington County School District and the Secretary of State for the State of MississippiMississippi Supreme Court · 2022

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