Penick v. Mississippi Commission on Natural Resources

ROY NOBLE LEE, Chief Justice,

for the Court:

Eugene B. Penick, Jr., operator of a creosoting plant in Noxubee County, was ordered by the Bureau of Natural Resources to obtain a permit for its operation. He appealed the order of the full commission to the Chancery Court of Noxubee County, which upheld the order of the Bureau. He has appealed to this Court and assigns three (3) errors in the proceedings below.

Facts

In 1950, Mr. Woody Jones obtained a lease on certain 16th Section land in Nox-ubee County. On this leasehold, he constructed and began to operate a creosoting plant. In 1965, the Corps…