In Re Boundaries of City of Laurel

922 So. 2d 791, 2006 WL 490292
CourtMississippi Supreme Court
DecidedMarch 2, 2006
Docket2004-AN-02160-SCT, 2002-AN-01805-SCT
StatusPublished
Cited by13 cases

This text of 922 So. 2d 791 (In Re Boundaries of City of Laurel) 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
In Re Boundaries of City of Laurel, 922 So. 2d 791, 2006 WL 490292 (Mich. 2006).

Opinion

922 So.2d 791 (2006)

In the Matter of the EXTENSION and ENLARGING OF the BOUNDARIES OF the CITY OF LAUREL, Mississippi.

Nos. 2004-AN-02160-SCT, 2002-AN-01805-SCT.

Supreme Court of Mississippi.

March 2, 2006.

*794 Richard O. Burson, Leslie Pettis Barry, Norman Gene Hortman, Jr., Laurel, attorneys for appellant.

EN BANC.

RANDOLPH, Justice, for the Court.

FACTS AND STATEMENT OF THE CASE

¶ 1. In this annexation case, a petition was jointly filed by the City of Laurel, Mississippi ("City"), and a private landowner, Randy Chesney ("Chesney"). Chesney subsequently sold the property to Malcolm Carmichael ("Carmichael"). Carmichael was later substituted for Chesney and is a party to this appeal.

¶ 2. Chesney, the prior owner of the convenience store/ gas station ("convenience store"), approached the City requesting that his business, located at 14 Lower Myrick Road, be annexed by the City. The City, recognizing the opportunity to increase its tax base, accommodated Chesney's request, and passed Ordinance 1402-2002, seeking to annex a portion of the right-of-way of State Highway 15[1], along with the convenience store. The joint petition was filed on July 11, 2002. The proposed area of annexation ("PAA") tract is adjacent and contiguous to the City. The convenience store subject to annexation is located approximately four-tenths of a mile from the existing municipal boundary.

¶ 3. On October 17, 2002, a hearing was held before the Jones County Chancery Court. Without considering evidence of reasonableness, the Chancellor found the annexation could not proceed as a matter of law, refusing to allow "the City to use the right-of-way `owned by the State of Mississippi' to make `pockets of territory outside the city limits' contiguous." In the Matter of the Extension and Enlarging of the Boundaries of the City of Laurel, Miss.: Randy Chesney and the City of Laurel, Miss., 863 So.2d 968, 969 (Miss. 2004). The City and Chesney appealed to this Court. In a well-reasoned opinion authored by Chief Justice Smith, this Court held the Chancery Court erred. "Whether this proposed annexation is reasonable or not is the ultimate question. Thus, the real determinative issue squarely confronting us is whether the chancellor must conduct a full hearing allowing for evidence and testimony and utilizing the indicia of reasonableness factors to determine if the proposed annexation is to be allowed. We conclude that he must do so." Id. at 971. Accordingly, this Court reversed the Chancellor and remanded the case "with instructions to proceed on the merits with a full hearing to determine *795 whether the proposed annexation is reasonable." Id. at 973 (citations omitted). Pursuant to the mandate of this Court, on January 15, 2004, the Chancellor conducted a full evidentiary hearing to determine whether or not the proposed annexation was reasonable, vel non.

¶ 4. Three opponents to the proposed annexation appeared at the hearing, as was their right under Miss.Code Ann. § 21-1-31. In addition to stating their opposition, they answered questions posed by the petitioners and the court. The opponents were not represented by counsel at the hearing, nor have they filed a brief.

¶ 5. The Chancellor heard testimony and received the evidence presented, before issuing his opinion. The opinion addressed the twelve indicia of reasonableness established by this Court in In re Enlargement and Extension of the Mun. Boundaries of the City of Meridian, 662 So.2d 597, 609 (Miss.1995). The Chancellor found the proposed annexation was unreasonable. The City and Carmichael timely filed this appeal and present the following issues for this Court's consideration: (I) Whether the Chancery Court's ruling that the proposed annexation is unreasonable is manifestly wrong and not supported by substantial or credible evidence; (II) Whether the Chancery Court mischaracterized the annexation at issue; and (III) Whether the Chancery Court's ruling that the proposed annexation is "not required by the public convenience and necessity" exceeded the court's authority.

STANDARD OF REVIEW

¶ 6. With increasing regularity, municipalities have sought to increase their area of control and their tax base. Notwithstanding, a significant number of our state's citizens prefer a rural lifestyle, and abhor the constraints they believe a municipality will impose upon them, along with increased taxes. The Legislature has placed the ultimate decision into the hands of the Chancery Court for ratification, approval, and confirmation. See Miss.Code Ann. § 21-1-29. Chancellors throughout the state are required to pass judgment on these competing interests. In performing this burdensome task, the Chancellor is required to apply the correct law and weigh the evidence. Only when the lower court fails to consider the applicable law as established by statute and this Court, or when Chancellors abuse their discretion, should their decisions be overturned.

[W]here the Chancellor was the trier of facts, his findings of fact on conflicting evidence cannot be disturbed by this Court on appeal unless we can say with reasonable certainty that these findings were manifestly wrong and against the overwhelming weight of the evidence. Even if this Court disagreed with the lower court on the finding of fact and might have arrived at a different conclusion, we are still bound by the chancellor's findings unless manifestly wrong. . . .

Richardson v. Riley, 355 So.2d 667, 668 (Miss.1978).

¶ 7. As an appellate court, we are prohibited from disturbing a Chancellor's findings of fact unless they are "manifestly wrong or clearly erroneous." Martin v. Lowery, 912 So.2d 461, 464 (Miss.2005) (quoting Bowers Window & Door Co. v. Dearman, 549 So.2d 1309, 1312-13 (Miss. 1989)). It is our solemn duty to afford due deference to a Chancellor, who sits as the fact finder. The Chancellor's role as fact finder parallels that of a juror. Model Jury Instruction 1:35 states, "[a]s sole judges of the facts in this case, you determine what weight and what credibility will be assigned the testimony and supporting evidence of each witness in this case. You *796 are required to use your good common sense and sound, honest judgment in considering and weighing the testimony of each witness." A Chancellor is afforded the favor of observing the demeanor of witnesses and he is called upon to exercise his discretion, as we similarly mandate jurors. It is the sole responsibility of jurors to consider and weigh the evidence presented. Jurors are "permitted to draw such reasonable inferences from the evidence as seem justified in light of your own experience." See Mississippi Model Jury Instructions 1:29; 1:3; 1:351:36; 1:37; 1:38 (West 2005). In Chancery Court, "the Chancellor is vested with the responsibility to hear the evidence, assess the credibility of the witnesses, and determine ultimately what weight and worth to afford any particular aspect of the proof." Rainey v. Rainey, 205 So.2d 514, 515 (Miss. 1967). In Rainey, this Court held, "[t]he credibility of the witnesses and the weight of their testimony, as well as the interpretation of evidence where it is capable of more than one reasonable interpretation, are primarily for the chancellor as the trier of facts." Id. Rainey

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Bluebook (online)
922 So. 2d 791, 2006 WL 490292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-boundaries-of-city-of-laurel-miss-2006.