Croke v. Lowndes County Bd. of Sup'rs

733 So. 2d 837, 1999 WL 145309
CourtMississippi Supreme Court
DecidedMarch 18, 1999
Docket97-CA-01474-SCT
StatusPublished
Cited by8 cases

This text of 733 So. 2d 837 (Croke v. Lowndes County Bd. of Sup'rs) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Croke v. Lowndes County Bd. of Sup'rs, 733 So. 2d 837, 1999 WL 145309 (Mich. 1999).

Opinion

733 So.2d 837 (1999)

Douglas CROKE, George Johnson, Granville A. Pepper, William Turner, Individually and on Behalf of Landowners Within Southgate Sewer District
v.
LOWNDES COUNTY BOARD OF SUPERVISORS and Southgate Sewer District and Its Board of Commissioners.

No. 97-CA-01474-SCT.

Supreme Court of Mississippi.

March 18, 1999.

David C. Owen, Thomas L. Kesler, Columbus, Attorneys for Appellants.

Office of the Attorney General by Rickey T. Moore, Attorney for Appellees.

EN BANC.

SULLIVAN, Presiding Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On December 18, 1995, Appellants Douglas Croke, George Johnson, Granville A. Pepper, and William Turner (the landowners), all residents of Lowndes County, Mississippi, filed a Bill of Exceptions and Complaint for Declaratory Relief on behalf of all residents or landowners located within the sewer district known as Southgate Sewer District. These landowners sought judicial review of certain actions of the Lowndes County Board of Supervisors and a declaration that the local and private law which created the Southgate Sewer District, House Bill 1577, 1991 Miss. Local & Priv. Laws Ch. 838 [House Bill 1577], is unconstitutional.

¶ 2. The matter was submitted to the Circuit Court of Lowndes County, Mississippi, on stipulated facts for a bench decision on disputed applications of law. On October 23, 1997, the Circuit Court of Lowndes County, Circuit Judge John M. Montgomery presiding, entered its Findings of Fact and Conclusions of Law and *838 its Order dismissing the case with prejudice.

¶ 3. The landowners appeal and raise the following issues:

(1) Whether House Bill 1577 is an unconstitutional local and private bill depriving the residents of Southgate Sewer District of substantial rights secured by the general laws; and
(2) Whether the original Use Ordinance passed by the Defendant Board of Supervisors in 1994, and the Amended Use Ordinance passed by said Board in 1995, are unconstitutional as applied to the defendants.

STATEMENT OF THE FACTS

¶ 4. The following is a summation of the facts stipulated by the parties:

During the 1991 Legislative Session, the Mississippi Legislature passed House Bill 1577, 1991 Miss. Local & Priv. Laws Ch. 838, creating the Southgate Sewer District, a single purpose sewer district. That bill also granted all of the necessary powers for the operation of the district. In 1991, pursuant to the terms of House Bill 1577, the Lowndes County Board of Supervisors appointed five commissioners to oversee the district. The board failed to publish a notice or declaration of commencement within thirty (30) days of those appointments; however in July 1992, a notice or declaration of commencement was published and a hearing held. In March of 1994, the Southgate Sewer District passed an ordinance requiring mandatory hook-up of all owners of land upon which a residence or business was located within 100 feet of the property line. The ordinance also provided that failure to do so would be a misdemeanor. In April of 1994, the ordinance was adopted as an ordinance of Lowndes County by the Lowndes County Board of Supervisors. Because of difficulties or discrepancies in the ordinance thereafter came to light, an amended sewer ordinance was passed and adopted by the district on December 8, 1995. This amended ordinance contains the following provisions: Article I: defines various terms used in the body of the ordinance. Article II: requires that the public sewers be used. Specifically, Section III prohibits constructing or maintaining a private system for the "disposal of sewage" in place of using the public sewers. Section IV makes it mandatory for the owner of all structures occupied by humans at any time to construct toilet facilities herein and to connect to the sewer system within 90 days after official notice, provided that the sewer system is within 100 feet of the subject property line. Article III: provides for private disposal where access is not available to the sewer system; requires a permit from Southgate; requires inspection by Southgate; requires connection to the public sewer system if access is available in the future. Article IV: addresses building sewers and connections. Article V: addresses limitations on the use of the public sewers. Article VI: prohibits malicious, willful, or negligent damage to the sewer works by unauthorized persons. Article VII: outline the powers and authorities of inspectors. Article VIII: provides misdemeanor penalties for violation of the provisions of the ordinance, up to one hundred dollars ($100) per day. Article IX: repeals any prior ordinances and provides that the invalidity of any section, clause, sentence or provision of the ordinance shall not affect the validity of any other parts of the ordinance that can be given effect without the invalid parts.

¶ 5. On December 8, 1996, the Board of Supervisors enacted an "Amended Sewer Use Ordinance of the Board of Supervisors" preceded by the following language:

AN ORDINANCE ESTABLISHING A GRAY-WATER COLLECTION SYSTEM AND REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEPTIC DISPOSAL, THE INSTALLATION *839 AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF GRAY WATER INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: FOR THE SOUTH GATE SEWER DISTRICT IN LOWNDES COUNTY MISSISSIPPI.
Be it ordained and enacted by the President and Board of Supervisors of Lowndes County, Mississippi, that a "Gray-Water" Collection System shall be established....

LEGAL ANALYSIS

¶ 6. Here, the facts were stipulated by the parties, and the lower court was asked to apply the correct law. Since questions of law are all that remain at issue, the Court will apply a de novo standard of review. Estate of Bodman v. Bodman, 674 So.2d 1245, 1248 (Miss.1996).

¶ 7. This appeal requires the Court to review the constitutionality of House Bill 1577 as well as the constitutionality of ordinances passed by the Board of Supervisors of Lowndes County and Southgate Sewer District. The landowners ask this Court to declare Article II, Section III of House Bill 1577 unconstitutional as applied to the facts of this case pursuant to the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution and Article 3, Section 14 of the Mississippi Constitution of 1890.

¶ 8. The landowners claim that the Lowndes County Board of Supervisors has made it criminal conduct to have a septic tank within the Southgate Sewer District, punishable by a fine of one hundred dollars, with each day of violation being a separate offense. They claim it is also a crime to refuse to subscribe and connect to the Southgate system, punishable by a fine of one hundred dollars, each day of violation being a separate offense. They further contend that to connect to the Southgate system, one must have a septic tank. Thus, they argue it is impossible for residents of the district to obey the law with these inconsistent provisions.

¶ 9. According to the landowners, the original use ordinance contemplated a sewage system that would eliminate the need for residents to maintain any septic tanks. The original use ordinance defined "sewage works" as a system that would collect and subsequently treat sewage. Sometime after the use ordinance was passed, the landowners learned that the system under construction would not eliminate the need for septic tanks, but would only collect and drain

Free access — add to your briefcase to read the full text and ask questions with AI

Related

OXFORD ASSET PARTN. LLC v. City of Oxford
970 So. 2d 116 (Mississippi Supreme Court, 2007)
Croke v. Southgate Sewer Dist.
857 So. 2d 774 (Mississippi Supreme Court, 2003)
Douglas Croke v. Southgate Sewer District
Mississippi Supreme Court, 2002
Bond v. Marion County Bd. of Sup'rs
807 So. 2d 1208 (Mississippi Supreme Court, 2001)
Mississippi Valley Gas Co. v. City of Pontotoc
795 So. 2d 519 (Mississippi Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
733 So. 2d 837, 1999 WL 145309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croke-v-lowndes-county-bd-of-suprs-miss-1999.