Johnson v. Hinds County

524 So. 2d 947, 1988 WL 35486
CourtMississippi Supreme Court
DecidedApril 20, 1988
Docket55897
StatusPublished
Cited by64 cases

This text of 524 So. 2d 947 (Johnson v. Hinds County) 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
Johnson v. Hinds County, 524 So. 2d 947, 1988 WL 35486 (Mich. 1988).

Opinion

524 So.2d 947 (1988)

Ben L. JOHNSON and James P. Knight, Jr., et al.
v.
HINDS COUNTY, Mississippi.

No. 55897.

Supreme Court of Mississippi.

April 20, 1988.

*949 James P. Knight, Jr., Knight & Knight, Jackson, for appellant.

Natie P. Caraway, John D. Price, Wise, Carter, Child & Caraway, Jackson, for appellee.

Before HAWKINS, P.J., and PRATHER and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This case is about an experienced real estate developer who thumbed his nose at the county's subdivision ordinance. Lots have been formed and sold and houses built. When county planning authorities objected and took him to court, the developer raised a myriad of obstructionist defenses and has simply said, "You didn't catch me in time."

The trial court ordered the developer to move heaven and earth to bring the subdivision into compliance with the county ordinance. We affirm.

II.

A.

Ben L. Johnson had been a land developer in Hinds County, Mississippi, for some twenty-five years. On March 28, 1979, Johnson bought a piece of property in the southern part of the First Judicial District of Hinds County near Byram. He called this property Timberlake Place.

Between Timberlake and U.S. Highway 51 is the Scott property; driveways across the Scott property provide the only ingress *950 and egress to and from Timberlake Place. The previous owners of Timberlake quitclaimed their interest in these driveways to Johnson when he purchased the property. Johnson maintained one driveway across the Scott property. In addition, there were two roads already in existence on the property when Johnson bought Timberlake. After buying the property, Johnson named these roads at the request of the post office and posted road signs identifying the roads.

Before purchasing Timberlake Place, Johnson had a civil engineer draw up a plat of the property, dividing it into lots. The subdivision was never submitted to the Board of Supervisors for approval. See Miss. Code Ann. § 17-1-23(2) (1972). Notwithstanding, Johnson eventually sold all of the parcels as divided on the unofficial plat. Each instrument of conveyance contained restrictive covenants, placing a minimum size requirement on each home to be built and requiring that each lot be used for residential purposes only. A road and utility easement was included in each deed as well.

In addition, Johnson agreed to run water lines into the property and reshape and regravel the existing roads along with building another road. The water system Johnson installed was never approved by the Mississippi State Board of Health, although Johnson claims he was not aware of this until this lawsuit was initiated. More significantly, Timberlake Place in several respects did not conform to the Hinds County Subdivision Ordinance. Johnson openly acknowledged that he did not follow the ordinance because he felt there was no need to.

The dispute further concerns a second, separate parcel of real property owned by Johnson, known as Bolton Heights Subdivision. Johnson purchased this eighty acre tract on July 11, 1980. It lies in the Second Judicial District of Hinds County. This property is not owned solely by Johnson, but by Johnson Land Company, a partnership between Johnson and William L. Waller, Sr.

Prior to purchasing Bolton Heights, Johnson had a preliminary plat prepared, showing twenty-one lots, numbered 1-21 consecutively. Subsequently Johnson had a new plat drawn creating a subdivision which he named Bolton Heights Part I. This plat covered approximately thirty-three of the original eighty acres. Bolton Heights Part I contained Lots 1-11 and 18-21 from the original plat. Lots 12-17 were reserved, and Johnson testified that he had no intention of selling them as a subdivision. Bolton Heights Part I has been approved by the Hinds County Board of Supervisors. Lots 12-17 of Bolton Heights Part I are the properties in controversy in the instant case, in addition, of course, to Timberlake Place.

B.

On April 5, 1983, Hinds County filed two suits against Johnson, one each in the Chancery Courts for the First and Second Judicial Districts of Hinds County. The suit filed in the First District involved Timberlake Place, and the suit filed in the Second District involved Bolton Heights.

In regard to Timberlake Place, Hinds County initially sought a prohibitory injunction against Johnson. The complaint was later amended to demand a mandatory injunction requiring Johnson to perform certain actions on Timberlake Place in order to bring it into compliance with the Hinds County Subdivision Ordinance. See Miss. Code Ann. § 17-1-19 (1972).

The complaint was further amended to join twenty-six additional defendants who were Timberlake lot owners. The County sought a declaratory judgment against these new Defendants. Rule 57, Miss.R. Civ.P. The County asked that the Court declare that each owner had bought his lot subject to the existing Subdivision Ordinance and that from this it follows that Johnson may go on each lot to the extent necessary to bring the land into compliance with the Subdivision Ordinance. Of these 27 defendants, 21 consented to declaratory relief. Lots owners James P. Knight, Jr., James T. Knight, William L. Waller and their respective spouses, each a defendant *951 in this action, objected to the declaratory relief.

In regard to the Bolton Heights property, the County sought an injunction prohibiting Johnson from selling lots 12-17 until these lots were brought into compliance with the Subdivision Ordinance.

The two cases were consolidated for purposes of trial and decision. See Rule 42(a), Miss.R.Civ.P.

The consolidated cases came on for trial on January 26, 1984. In the end, the Chancery Court resolved practically all issues in favor of Hinds County. The Court held that Timberlake Place was subject to the Subdivision Ordinance and then found as a fact that Johnson

did develop a subdivision known as Timberlake Place in the First Judicial District of Hinds County, Mississippi, without complying in any manner with the Hinds County Ordinance or Resolution governing the subdivision of land.

The Court mandatorily enjoined Johnson that he "perform the acts and do the things necessary to bring Timberlake Place ... into compliance ... with the County Subdivision Ordinance."

With respect to the owners of lots lying contiguous to the roads, the Court directed that Johnson solicit their permission to improve the roads at his sole expense. In the case of landowners refusing such permission — the James P. Knights, the James T. Knights, and the Wallers — Johnson was directed to

use all the means available to him at law or in equity to obtain the necessary right-of-way in and across said property for the purposes of constructing the improvements required by said ordinance.

Beyond this and again with respect to Timberlake, the Court entered a declaratory judgment against James P. Knight, Jr., Annie Lou Knight, James T. Knight, Ann S. Knight, William L. Waller, Sr., and Carol O. Waller declaring that each of such parties

purchased their respective lots in Timberlake Place subject to the existing Hinds County Ordinance or Resolution provision regulation governing the subdivision of land

and that Johnson in law had the right

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Bluebook (online)
524 So. 2d 947, 1988 WL 35486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-hinds-county-miss-1988.