Ladner v. Harrison County Bd. of Sup'rs

Summary

The Supreme Court of Mississippi reviewed Harrison County's designation of a roadway as a public road by prescription. The court held that the affidavits and photographs before the Board of Supervisors were insufficient to establish the required elements of prescriptive public ownership, reversed the circuit court and Board decisions, and rendered judgment for Ladner.

Holdings

1. A county claiming a road by prescription must prove open, notorious and visible, hostile, exclusive, peaceful, continuous, and uninterrupted use under a claim of ownership for ten years. The evidence in this record was insufficient to establish those elements, particularly a public claim of right and county dominion over the roadway.
2. The Board's designation of the roadway as public could not stand because the record did not contain sufficient evidence supporting the required findings, and the Board's minutes and purported additional evidence were not part of the appellate record.

Questions Presented

1. Whether the Board of Supervisors had substantial evidence establishing all elements necessary for the county to acquire title to the roadway by prescription.
2. Whether the circuit court properly affirmed the Board's decision when the Board's minutes and other purported evidence were absent from the record.
3. Whether the Board could designate the roadway as public based primarily on affidavits showing public use for at least ten years.

Disposition

reversed