Justia Real Estate & Property Law Opinion Summaries

Mark Gibson and Court Properties, Inc., appeal the circuit court’s dismissal for lack of jurisdiction of their county-court appeal. In 2009, the Bells acquired a loan from Tower Loan. The Bells’ house was collateral for the loan. The Bells later experienced financial hardship. As a result, Tower Loan recommended that the Bells contact Gibson and Court Properties, Gibson’s wholly owned corporation, for financial assistance. On September 20, 2013, the Bells executed a promissory note, a deed of trust, and an assumption warranty deed with Court Properties. Approximately three months later, Gibson evicted the Bells and shortly thereafter, sold their house. The Bells sued Gibson and Court properties alleging fraud, breach of fiduciary duty, bad faith and wrongful foreclosure. A jury returned a verdict unanimously in favor of the Bells. Gibson and Court Properties moved for a new trial and for judgment notwithstanding the verdict. The motion was denied, and the Bells' request for attorneys' fees was granted. Gibson appealed within thirty days of the trial court's denial of his motions, but did not pay the cost bond within thirty days of the final judgment as required by statute. Gibson paid the estimated costs on April 18, 2018, which was one day before the circuit clerk’s deadline, but five days after the thirty-day statutory deadline required by Section 11-51-79. The Bells moved to dismiss the appeal for lack of jurisdiction, which was granted. Because Gibson and Court Properties failed to pay the cost bond within thirty days of the final judgment as required by Mississippi Code Section 11-51-79 (Rev. 2019), the Mississippi Supreme Court affirmed the circuit court’s dismissal for lack of jurisdiction. View "Gibson v. Bell" on Justia Law

In this case's second time before the Mississippi Supreme Court, the Court held in High v. Kuhn, 191 So. 3d 113 (Miss. 2016) (High I), that article 4, section 110, of the Mississippi Constitution forbade the condemnation of a private road across the property of Cheryl High for the benefit of Todd and Angela Kuhn. After the Court’s mandate, High moved the Harrison County Special Court of Eminent Domain for attorney fees pursuant to Mississippi Code Section 11-27-37 (Rev. 2019). The special court found that Section 11-27-37 did not apply. High appealed, and the Supreme Court reversed and remanded for the special court to consider the merits of the motion for attorney fees and the reasonableness of the amount of fees requested. On remand, High filed an amended motion requesting attorney fees for a frivolous filing under the Mississippi Litigation Accountability Act (LAA). After a hearing, the special court awarded attorney fees to High as a sanction for the Kuhns’ frivolous filing. The special court found that the $29,049.60 requested by High was reasonable and assessed that amount jointly and severally against the Kuhns and their attorney, Virgil Gillespie. The special court denied the Kuhns’ motion to reconsider and amended the judgment to add $1,000 in attorney fees that High had incurred in defending the motion for reconsideration. The Kuhns and Gillespie appealed, arguing that the special court erred by: (1) adopting High’s findings of fact and conclusions of law; (2) awarding a judgment to one of High’s attorneys who was not a party to the lawsuit; (3) imposing a sanction for a frivolous filing; (4) awarding interest; and (5) allowing attorney fees beyond those permitted by Section 11- 27-37. The Supreme Court concluded the special court of eminent domain did not abuse its discretion by imposing the sanctions nor did it err in its application of the law. The Court reversed in part only to correct a scrivener’s error in the amended judgment. View "Kuhn v. High" on Justia Law

Matthew Wiggins appealed a decision of a special court of eminent domain to the County Court of Hinds County, Mississippi, approving the City of Clinton’s exercise of eminent domain. Wiggins bought property in March of 2016. At the time, the structures located there were dilapidated and were in need of extensive structural repairs. Soon after Wiggins took possession of the properties, Clinton found that the properties should be demolished due to neglect. Clinton assessed 1,434 separate code violations to property Wiggins owned. Wiggins pleaded guilty to the violations on January 26, 2017. Clinton then found additional violations against Wiggins at those properties and at other properties he owned in Clinton. Wiggins was found guilty of two violations by the County Court of Hinds County in 2018. The remaining violations were dismissed. In June 2018, Clinton adopted an urban-renewal plan. Wiggins' parcel was within the renewal area, and sought to take it. The special court found Clinton’s exercise of eminent domain proper. After review, the Mississippi Supreme Court found sufficient evidence in the special court record to support the taking my eminent domain. Similarly, the Court determined the record offered no evidence to demonstrate the determination of the special court was manifestly wrong. Therefore, judgment was affirmed. View "Wiggins. v. City of Clinton" on Justia Law

An insurance adjuster was injured while performing the specific task he was hired to do: identify and distinguish preexisting roof damage from storm damage. While the adjuster recovered workers’ compensation benefits, he also filed suit against the homeowner for failing to make the premises safe and for not warning him about the roof’s condition. The homeowner filed two summary judgment motions, arguing the "intimately connected" doctrine barred the adjuster’s suit as a matter of law. After review, the Mississippi Supreme Court found the trial court erred by denying summary judgment. "The homeowner exercised no control over the adjuster. And absent some exercise of control over a contractor, Mississippi law does not impose liability on property owners for injuries suffered by independent contractors arising from or intimately connected to the work they were contracted to perform." The Court therefore reversed the trial court's denial fo summary judgment and rendered judgment I the homeowner's favor. View "Peak v. Cohee" on Justia Law

The issue this case presented for the Mississippi Supreme Court's review centered on whether a purchaser of real property out of foreclosure was automatically assigned and thereby entitled to the developer’s exemption from assessments on the lots previously owned by the developer. Diamondhead Country Club and Property Owner’s Association (DPOA) contends that the foreclosing purchaser, Peoples Bank, is not automatically granted an assignment of the developer’s personal rights (i.e., the exemption from Property Owner Association (POA) Assessments) in addition to property rights and that the developing company did not expressly assign this exemption to the lender/foreclosing purchaser; therefore, the lender/foreclosing purchaser does not enjoy the exemption. The Supreme Court concluded the covenants provided that the developer’s exemption would be eliminated by conveyance of the property to a third party. Therefore, the exemption was a personal right requiring assignment to Peoples. A 2008 deed of trust conveyed both the real property rights and personal rights of the developer, but the 2012 deed of trust was void of any language granting the developer's right of exemption to Peoples. Therefore, the Court determined Peoples was entitled to the exemption from paying assessments in connection with the Glen Eagle lots, but it was liable for assessments levied on the Diamondhead lots. As to the Glen Eagle lots, the Supreme Court affirmed; the Court reversed and remanded as to the Diamondhead lots. View "Diamondhead Country Club and Property Owners Association, Inc. v. The Peoples Bank" on Justia Law

In 2016, Mario Holland parked his vehicle at Black’s Food Market and walked to West Lounge. Upon returning to his vehicle after patronizing West Lounge, Holland was shot and robbed in the Black’s Food parking lot. He alleged the assailant came from a vacant lot across the street from Black’s Food. Murphy Oil owned the vacant lot. Holland suffered serious injuries from the assault. The trial court granted summary judgment in favor of defendant Murphy Oil, finding that, as a landowner that owned land near the scene of an assault, it did not owe any legal duty to Holland. Holland appealed, arguing that the Mississippi Supreme Court should adopt Section 54 of the Restatement (Third) of Torts, which provided for instances when landowners might owe a duty to persons or property located off the landowner’s property. The Supreme Court determined it did not need to address the Restatement because it did not apply to the facts of this case. Further, the Court affirmed the trial court’s grant of summary judgment because the landowner did not owe any legal duty to Holland. View "Holland v. Murphy Oil USA, Inc." on Justia Law

G4, LLC, entered into a lease in 2009 with the City of Picayune, Mississippi, for land on the grounds of the Picayune Municipal Airport. After the Pearl River County Board of Supervisors assessed ad valorem taxes on the leased land, G4 paid the taxes under protest and petitioned the Board for a refund and for a refund of taxes it had paid on lots in the Tin Hill subdivision. The Board denied G4’s petition, and G4 appealed to the Circuit Court of Pearl River County, which affirmed. G4 appealed, asserting that, according to the Mississippi Supreme Court’s decision in Rankin County Board of Supervisors v. Lakeland Income Properties, LLC, 241 So. 3d 1279 (Miss. 2018), it was automatically exempt from paying ad valorem taxes on the airport property. The Supreme Court agreed, reversed and remanded the circuit court’s decision that affirmed the Board’s refusal to refund the airport property taxes. The Court affirmed the circuit court’s decision that G4 was not entitled to a refund of taxes paid on the Tin Hill subdivision lots. View "G4, LLC v. Pearl River County Board of Supervisors" on Justia Law

The lessee of commercially used Sixteenth Section Land sought to prevent the leasing school board from adjusting the annual rent outside the time constraints of the lease. While the terms of the lease appeared to contain a clear time restriction within which the Board did not act, the Mississippi Supreme Court determined the restriction could not be enforced. The restriction ran contrary to the statutory requirement that rent “shall be adjusted not less than once every ten (10) years . . . .” Miss. Code Ann. sec. 29-3-69 (Rev. 2010). Further, a school board’s duty as trustee to assure adequate consideration is received based on current fair market value of the Sixteenth Section Land cannot be waived, even by mutual agreement in a contract. For those reasons, the Supreme Court concluded the chancellor did not err by denying the lessee’s motion for a declaratory judgment that the school board was precluded from adjusting the rent based on the time restrictions in the lease. View "Oak Grove Marketplace, LLC v. Lamar County School District" on Justia Law

Following a heavy rain on April 2-3, 2017, several homes in the Mill Creek Place Subdivision in Rankin County, Mississippi flooded and were damaged. Several homeowners, whose homes had been damaged, sued the County for failing to properly maintain Mill Creek, which is adjacent to the Mill Creek Place Subdivision. Rankin County filed a Mississippi Rule of Civil Procedure 12(b)(6) motion to dismiss the complaint. The trial court granted Rankin County’s motion, finding that Rankin County was immune from liability—specifically discretionary function immunity—under the Mississippi Tort Claims Act. The homeowners appealed, arguing that Rankin County is not immune. The Mississippi Supreme Court reversed. Taking all of the allegations of the plaintiffs’ complaint as true, Rankin County’s alleged failure to maintain Mill Creek was a case of simple negligence, and "such maintenance decisions do not involve policy considerations." The Court therefore determined the trial court erred by dismissing the complaint based on discretionary function immunity. View "Moses v. Rankin County" on Justia Law

The Tippah County Board of Supervisors abandoned a public road, then rescinded its decision a year and a half later without giving notice to the owners of the land on which the road was located. The Mississippi Supreme Court concluded that doing so violated the landowners’ due-process rights, so it affirmed the circuit court’s order voiding the recision order. View "Tippah County v. Lerose" on Justia Law