Miriam Hopkins v. City of Mendenhall, Mississippi

176 So. 3d 148, 2015 Miss. App. LEXIS 507, 2015 WL 5797809
CourtCourt of Appeals of Mississippi
DecidedOctober 6, 2015
Docket2014-CA-00940-COA
StatusPublished
Cited by1 cases

This text of 176 So. 3d 148 (Miriam Hopkins v. City of Mendenhall, Mississippi) 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
Miriam Hopkins v. City of Mendenhall, Mississippi, 176 So. 3d 148, 2015 Miss. App. LEXIS 507, 2015 WL 5797809 (Mich. Ct. App. 2015).

Opinion

GRIFFIS, P.J.,

for the Court:

¶ 1. This is the second appeal of a city ordinance that closed a street. It was challenged by concerned citizens.

FACTS

¶ 2. The First Baptist Church of Men-denhall, Mississippi (“the Church”), filed a petition and an amended petition with the mayor and board of aldermen (the “Board”) of the City of Mendenhall (the “City”) seeking to close East Court Street, which lies between East Street and Oak Street in Mendenhall.

¶ 3. At a Board meeting on April 6, 2010, a motion was made and carried by vote to: (1) accept the Church’s petition to close a portion of East Court Street; (2) hold a public hearing on the street closure; and (3) authorize the clerk to publish notice of the public hearing.

¶ 4. Subsequently, Miriam Hopkins, Eldon Sewell, Dina Sewell, Abbie Patrick, Jaris Patrick, Jovita Boggan, Rita Wiggin-ton, and Ann Womack (collectively referred to as “Hopkins”) filed a protest and objection to closing the portion of East Court Street. A public hearing was held on April 26, 2010, and both proponents and opponents of the proposed street closure were provided the opportunity to debate their positions.

¶ 5. On June 1, 2010, the Board adopted Ordinance 244, which stated:

SECTION 1. That First Baptist Church is the only adjoining landowner of the part of said street to be closed and have petitioned the Mayor and Board of Aldermen to close that portion of said street herein described.
SECTION 2. That the governing body finds and adjudicates that First Baptist Church constitutes all of the interested and abutting landowners to that part of said street to be closed and vacated. That the City of Mendenhall has the legal right to vacate and close said portion of said street. The governing body further finds and officially adjudicates that the closing of said portion of East Court Street will cause minimal inconvenience to the general public due to numerous alternative streets. The City of Mendenhall now finds and officially adjudicates that said portion of the street should be closed and vacated as provided by law.
SECTION 3. That portion of East Court Street more particularly described as that portion of East Court Street lying between East Street and Oak Street, City of Mendenhall, Mississippi, per map and plat on file in the office of the Tax Assessor of Simpson County, should be and is hereby vacated and closed.
SECTION 4. That the governing body finds and adjudicates that the closing of the above-described part of said street would be in the best interest of the City *151 of Mendenhall, Mississippi, and the citizens thereof.
SECTION 5. That the City Clerk shah cause this Ordinance to be published according to state statute in the Simpson County News.
SECTION 6. That this Ordinance shall take effect and be in force as provided by law.

¶ 6. On June 8, 2010, Hopkins appealed the adoption of the ordinance to the Simpson County Circuit Court. A bill of exceptions was properly and timely filed. After a hearing on August 30, 2011, the circuit court upheld the City’s adoption of Ordinance 244. Hopkins filed a motion to reconsider, to alter or amend, and for a new trial, which the circuit court denied.

¶7. Hopkins appealed. In Hopkins v. City of Mendenhall, 116 So.3d 166, 167 (¶ 3) (Miss.Ct.App.2013), this Court held that the record contained no findings of fact and reasons for the City’s decision sufficient for appellate review. Therefore, this Court reversed the circuit court’s judgment and remanded the case to the circuit court for further proceedings consistent with our decision. Id. at 170 (¶ 17).

¶ 8. After remand, the Board held a meeting on June 27, 2013. The mayor notified the members of the Board that they were to provide factual findings of the Board’s adoption of Ordinance .244. Minutes were presented from the public hearing previously conducted on April 26, 2010, wherein nine people gave testimony, with six in favor of closing the portion of East Court Street. The Board determined that the factual basis for closing the portion of East Court Street was the safety of the citizens of Mendenhall that attend functions at the Church or the Church’s Family Life Center. On September 20, 2013, the City filed the Board’s findings of fact in circuit court. The circuit court considered the matter and entered an order that upheld Ordinance 244. Hopkins has again appealed this matter.

DISCUSSION

I. Standing

¶ 9. We begin with the City’s challenge to the standing of the-concerned citizens who have brought this appeal. “ ‘Standing1 is a jurisdictional issue which may be raised by any party or the Court at any time.” Hall v. City of Ridgeland, 37 So.3d 25, 33 (¶ 23) (Miss.2010) (quoting In re Enlargement & Extension of the Mun. Boundaries of City of Horn Lake, 822 So.2d 253, 255 (¶ 10) (Miss.2002)). “This Court reviews questions of standing de novo.” Id. (citing Gartrell v. Gartrell, 27 So.3d 388, 391-92 (¶ 10) (Miss.2009)).

¶ 10. This Court has recently held:

Mississippi’s standing requirements are quite liberal. Federal courts adhere to a stringent definition of standing, limited by Article 3, [Sjection 2 of the United States Constitution to a review of actual cases and controversies, but the Mississippi Constitution contains no such restrictive language. The Mississippi Supreme Court has been more permissive in granting standing to parties who seek review of governmental actions.

Hudson v. Jones Cnty. Bd. of Sup’rs, 77 So.3d 1148, 1150 (¶ 4) (Miss.Ct.App.2011) (internal quotations omitted) (quoting Burgess v. City of Gulfport, 814 So.2d 149, 151-52 (¶ 13) (Miss.2002); State v. Quitman Cnty., 807 So.2d 401, 405 (¶ 11) (Miss.2001)).

¶ 11. “ ‘In Mississippi, parties have standing to sue when they 'assert a colorable interest in the subject matter of the litigation or experience an adverse effect frpm the conduct of the defendant, or as otherwise provided by law.’ ” Id. at (¶ 5) (quoting Burgess, 814 So.2d at 152-53 *152 (¶ 13)). “ ‘Colorable,’ when used to describe a claim or action, means ‘appearing to be true, valid, or right.’ ” Id. (quoting Hall, 37 So.3d at 33 n. 6). “ ‘To establish standing on grounds of experiencing an adverse effect from the conduct of the ... appellee, the adverse effect experienced must be different from the adverse effect experienced by the general public.’ ” Id. at (¶ 6) (quoting Hall, 37 So.3d at 33-34 (¶ 24)). ’“Further, the mere fact that [the appellant resides] in the City is not sufficient to confer standing.” Burgess, 814 So.2d at 153 (¶ 16).

¶ 12. In Ball v. Mayor & Board of Aldermen of City of Natchez,

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176 So. 3d 148, 2015 Miss. App. LEXIS 507, 2015 WL 5797809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miriam-hopkins-v-city-of-mendenhall-mississippi-missctapp-2015.