Delando Wilson v. City of Greenville

CourtCourt of Appeals of Mississippi
DecidedSeptember 6, 2022
Docket2021-CA-00316-COA
StatusPublished

This text of Delando Wilson v. City of Greenville (Delando Wilson v. City of Greenville) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delando Wilson v. City of Greenville, (Mich. Ct. App. 2022).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2021-CA-00316-COA

DELANDO WILSON APPELLANT

v.

CITY OF GREENVILLE APPELLEE

DATE OF JUDGMENT: 02/12/2021 TRIAL JUDGE: HON. MARGARET CAREY-McCRAY COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: RENETHA LATRICE FRIESON ATTORNEY FOR APPELLEE: WILLIE GRIFFIN NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: AFFIRMED - 09/06/2022 MOTION FOR REHEARING FILED: MANDATE ISSUED:

CONSOLIDATED WITH

NO. 2021-CA-00518-COA

DATE OF JUDGMENT: 05/14/2021 TRIAL JUDGE: HON. CAROL L. WHITE-RICHARD COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: RENETHA LATRICE FRIESON ATTORNEY FOR APPELLEE: WILLIE GRIFFIN NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: AFFIRMED - 09/06/2022 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE CARLTON, P.J., GREENLEE AND McCARTY, JJ. GREENLEE, J., FOR THE COURT:

¶1. This matter comes before this Court as the consolidation of two cases on appeal. In

Appellate Case No. 2021-CA-00316-COA, the Washington County Circuit Court dismissed

for lack of jurisdiction Delando Wilson’s untimely appeal of the Greenville City Council’s

decision to accept and enforce his resignation as the police chief. In Appellate Case No.

2021-CA-00518-COA, the circuit court granted the City of Greenville’s replevin action for

city equipment in Wilson’s possession. The circuit court also denied Wilson’s counterclaim,

motion to dismiss, and motion to stay the replevin action pending the outcome of his first

appeal. Finding no error, we affirm in both cases.

FACTS AND PROCEDURAL HISTORY

¶2. On August 4, 2015, Wilson was appointed police chief for the City of Greenville. He

was reappointed in January 2016, January 2018, and February 2020. His last

appointment—in February 2020—was for a two-year term. On the first and third Tuesday

of each month, regular board meetings were held for general city business. During a January

5, 2021 city council meeting, Wilson informed the mayor and the City Council (collectively

“the City”) that he was “considering resigning.” According to Wilson’s statement, he did not

resign or submit a letter of resignation. However, the City interpreted Wilson as though he

had given an oral resignation. The City voted unanimously to accept it and begin the

transition to a different police chief.

¶3. Shortly after the January 5 meeting, Wilson and other city officials met to discuss

transition plans. However, on January 15, 2021, Wilson retained Attorney Renetha Frieson

2 to represent him. During the next city council meeting, held on January 19, 2021, Wilson

attended and informed the City that he was not resigning. The City treated Wilson’s

announcement as a request to reconsider the City’s January 5 order accepting his resignation.

The City denied Wilson’s request and set January 31, 2021, as the effective date of the end

of Wilson’s employment. According to Wilson, at no point during the January 19 meeting

did the City inform him that it had entered a January 5, 2021 order accepting what it

interpreted to be his resignation.

¶4. On February 4, 2021, in the Washington County Circuit Court, Wilson filed a motion

for a temporary restraining order and a motion for a preliminary injunction seeking to enjoin

the City from enforcing its January 5, 2021 order accepting his alleged resignation and its

January 19, 2021 order purporting to accept his “notice” of resignation.1 The matter was set

for a trial on February 9, 2021, and after hearing argument from the City regarding the

original January 5 minutes, the circuit court recessed with the City representing that it would

produce the original signed and certified copy of the January 5 minutes containing the

purported order. However, the City was unable to produce the requested document. The trial

resumed on February 10, 2021, but before further argument, the circuit court ruled that it did

not have jurisdiction to hear the case because Wilson had not filed a timely notice of appeal.

¶5. On February 12, 2021, the court entered an order dismissing the case for lack of

jurisdiction. Wilson filed a motion for reconsideration or to alter or amend the judgment. On

1 During a February 2, 2021 meeting, the City revised the January 5 order’s language so that it no longer referred to Wilson’s “letter of resignation.” The revised order indicated that the City had “accept[ed] notice” of Wilson’s resignation.

3 March 16, 2021, the court entered an order denying Wilson’s post-trial motion. Wilson

appealed.

¶6. Three days after Wilson appealed from the court’s order of dismissal, the City filed

a replevin action in the circuit court to recover the City’s property in Wilson’s possession.

Wilson responded with a counterclaim and a motion to dismiss the replevin action. Wilson’s

counterclaim and motion to dismiss were both premised on his assertion that the City had no

authority to enforce a resignation he had not offered. Shortly after, Wilson filed a motion to

stay the replevin proceedings pending the outcome of his pending appeal. The circuit court

granted the City’s replevin action and denied Wilson’s counterclaim and motions. Wilson

appealed, and the Mississippi Supreme Court, on Wilson’s motion, consolidated the two

appeals before assigning them to this Court.

STANDARD OF REVIEW

¶7. “When the appellate court reviews a decision by a circuit court concerning an agency

action, it applies the same standard of review that the lower courts are bound to follow.”

Carroll v. City of Canton, 296 So. 3d 751, 756-57 (¶16) (Miss. Ct. App. 2020) (quoting Miss.

Sierra Club Inc. v. Miss. Dep’t of Env’t Quality, 819 So. 2d 515, 519 (¶15) (Miss. 2002)).

“Decisions by the governing authorities of a municipality are subject to limited review and

will be overturned only if the decision (1) was beyond its scope or power; (2) violated the

constitutional or statutory rights of the aggrieved party; (3) was not supported by substantial

evidence; or (4) was arbitrary or capricious.” Id. at 757 (¶16) (quoting Jones v. City of

Canton, 278 So. 3d 1129, 1131 (¶7) (Miss. 2019)). Questions of law, including matters of

4 jurisdiction, are reviewed de novo.” Id. (citing City of Jackson v. Allen, 242 So. 3d 8, 13

(¶17) (Miss. 2019), superseded by statute on other grounds as noted in Am. Tower Asset Sub

LLC v. Marshal County, 324 So. 3d 300, 302-03 (¶¶11-12) (Miss. 2021)).

DISCUSSION

I. Whether the circuit court erred by dismissing Wilson’s case for lack of jurisdiction.

¶8. Wilson claims that the circuit court erred in finding that it lacked jurisdiction because

he failed to timely challenge his removal by the city council. However, Wilson admits that

his claim may be considered moot, because his last two-year appointment expired on

February 20, 2022. Nevertheless, he urges this Court to consider his claim due to the impact

that it may have on future cases. “We recognize the importance of this issue and the impact

it may have in the future, regardless of the fact that it is now moot for these parties.

Accordingly, we [will] address the merits of [Wilson’s claim].” Parker v. Parker, 980 So.

2d 323, 326 (¶7) (Miss. Ct. App.

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Bluebook (online)
Delando Wilson v. City of Greenville, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delando-wilson-v-city-of-greenville-missctapp-2022.