Young v. Stevens

968 So. 2d 1260, 2007 WL 1721470
CourtMississippi Supreme Court
DecidedJune 11, 2007
Docket2007-EC-00986-SCT
StatusPublished
Cited by13 cases

This text of 968 So. 2d 1260 (Young v. Stevens) 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
Young v. Stevens, 968 So. 2d 1260, 2007 WL 1721470 (Mich. 2007).

Opinion

968 So.2d 1260 (2007)

Carl W. YOUNG
v.
R.D. "Dickie" STEVENS.

No. 2007-EC-00986-SCT.

Supreme Court of Mississippi.

June 15, 2007.

*1261 Samuel L. Begley, attorney for appellant.

Willie Griffin, Greenville, attorney for appellee.

EN BANC.

CARLSON, Justice, for the Court.

¶ 1. Aggrieved by the Special Judge's order declaring him to be disqualified to seek the position of Beat Two Supervisor in Humphreys County, Carl W. Young seeks relief from us via a Bill of Exceptions filed on June 13, 2007. By order entered on the same day, in light of the looming deadlines for finalizing the ballots, and pursuant to Miss.Code Ann. § 23-15-961(6) (Rev.2001), this Court has expedited this appeal. Finding the Special Judge's duly entered Opinion and Order to be supported by the evidence and the law, we affirm.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. Carl W. Young qualified to run in the Democratic Party primary for the office of Supervisor for Beat Two in Humphreys County. R.D. "Dickie" Stevens, the incumbent supervisor for Beat Two, filed an objection to Young's candidacy. Stevens alleged that Young is not a resident of Beat Two and is therefore not qualified to run. The Humphreys County Democratic Executive Committee certified Young as a qualified candidate. Pursuant to Miss.Code Ann. § 23-15-961, Stevens sought judicial review of the Committee's decision, and the Chief Justice, pursuant to section 23-15-961(5), promptly appointed Circuit Judge Billy Joe Landrum from the Eighteenth Judicial District as the special judge to hear this case. After a hearing conducted on June 8, 2007, the special judge entered his Opinion and Order of the Court declaring that Young was not a resident of Beat Two in Humphreys County and directing Young's name to be removed from the ballot. We now consider this expedited appeal based on Young's Bill of Exceptions, Stevens's Amended Bill of Exceptions, the trial court clerk's papers, the court reporter's transcript of the trial court proceedings, and the briefs of the parties.

DISCUSSION

¶ 3. Having meticulously reviewed the record, we find Judge Landrum's findings of fact to be wholly supported by the record, and we thus set out here verbatim those findings:

The Petitioner, [R.D. "Dickie"] Stevens, is a candidate for the position of Supervisor, Beat 2, Humphreys County, Mississippi. The Respondent, Carl W. Young ("Young") has been qualified by the Humphreys County Democratic Executive Committee as a candidate for the *1262 position of Supervisor, Beat 2, Humphreys County, Mississippi.
Petitioner, Stevens, filed his appeal of the Humphreys County Democratic Executive Committee's decision to qualify the Respondent, Young, in the form of a Petition for Judicial Review, and this Court was, thereafter, appointed to hear same.
The Respondent, Young, lived in Humphreys County as a child and until the time of his entry into Jackson State University in 1980, at which time he relocated to Jackson, Mississippi but continued to use his parents' residence address as his own.
Between the time in 1980 that the Respondent, Young, attended Jackson State University and the present time, he has purchased several homes outside of Humphreys County, all of which have been located in Hinds County.
The Respondent, Young, registered to vote in Hinds County at some point after 1980. In 1995, Young apparently changed his voter registration to Humphreys County and was purged from the voter rolls in that county in 2002, after it came to the attention of persons unknown to the Court that he was a nonresident of Humphreys County. Sometime thereafter, Young voted in Humphreys County by affidavit ballot, and his name was added back to the voter rolls in that county for reasons unknown to the Court.
In 1996, the Respondent, Young, purchased a home at 855 Cherry Ridge, Clinton, Hinds County, Mississippi, MS, where he lived until he and his ex-wife separated on or about February 1, 1996. Respondent's divorced (sic) was filed and granted in Hinds County.
Since 1996, Respondent, Young, has purchased two or three other homes in Hinds County, and as recently as January, 2007, Young purchased a vehicle tag in Hinds County, continuing to show the Clinton, MS, address.
In December, 2001, Young purchased a home at 1211 Winterview Drive, Jackson, Hinds County, MS, where he admitted, under oath, he continues to reside with his wife and three children. Additionally, Young's children attend a private school in Hinds County.
In January, 2007, Young changed the address on his driver's license to his parents' residence address in Humphreys County, and in April of 2007, he had the utilities at his parents' home transferred into his name.
Young is employed with Information Technology Systems in Jackson, Hinds County, and his wife is employed in Ridgeland, Madison County.
In 2006, Young attempted to file homestead exemption using his parents' residence address; said homestead exemption application was denied, as his mother had already claimed the exemption on the property.
Young claims that he has lived in a small "cottage" or "shed" next to his parents' house but admitted under oath that the "cottage" or "shed" is currently uninhabitable. Young claims he has always considered Humphreys County his home and that he still has many social connections there and has contributed financially to a church there. Young also claims that he owns some property in Humphreys County, although the Court does not believe this is a fact that was proven in the hearing of this matter.

¶ 4. In a candidate qualification challenge, the standard of review for questions of law is de novo. Ladner v. Necaise, 771 So.2d 353, 355 (Miss.2000) (citing Saliba v. Saliba, 753 So.2d 1095, 1098 (Miss.2000)). Further, we review findings *1263 of fact by a trial judge sitting without a jury for manifest error, including whether the findings were the product of prejudice, bias, or fraud, or manifestly against the weight of the credible evidence. Boyd v. Tishomingo Co. Democratic Exec. Comm., 912 So.2d 124, 128 (Miss.2005) (citing Miss. Dep't of Transp. v. Johnson, 873 So.2d 108, 111 (Miss.2004)).

¶ 5. Article 6, Section 176 of the Mississippi Constitution of 1890 sets out the residency requirements for a member of a county board of supervisors. Section 176 provides that in order to be eligible for that office, a person must be a resident of the district which he or she represents.[1] Similarly, Miss.Code Ann. § 19-3-3 (Rev. 2003) requires residency within the county supervisor's district. Miss.Code Ann. § 23-15-299(7) (Supp.2006) mandates that the proper executive committees of the political parties shall determine the qualifications of the candidates seeking office. The primary qualification requirement is "whether each candidate is a qualified elector of the state, state district, county or county district which they [sic] seek to serve. . .

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968 So. 2d 1260, 2007 WL 1721470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-stevens-miss-2007.