O. R. Garretson v. Mississippi Department of Transportation

LAMAR, Justice,

for the Court:

¶ 1. The Mississippi Transportation Commission (“MTC”) procured some land from the Garretsons via eminent domain to construct a bypass in Greene County. The Garretsons later filed a complaint against the Mississippi Department of Transportation (“MDOT”), alleging that the bypass construction had caused silt to flood onto their remaining land, damaging their timber. MDOT filed a motion for summary judgment and argued that it was immune under Mississippi Code Section 11^6-9(1), subsections (d) (discretionary-function immunity) and (p) (design immunity). We agree…