City of Jackson, Jackson City Council and the Jackson Public School District v. Carolyn Greene and Charles Tisdale

City of Jackson, Jackson City Council, and Jackson Public School District v. Carolyn Greene and Charles Tisdale, No. 2003-IA-00385-SCT (Miss. Apr. 8, 2004) · Supreme Court of Mississippi · February 26, 2003 · No. No. 2003-IA-00385-SCT

Summary

The Supreme Court of Mississippi reviewed an interlocutory appeal involving parents’ challenge to the Jackson City Council’s confirmation of two Jackson Public Schools board members. The court held that the parents lacked standing to file a bill of exceptions challenging alleged ethical violations by council members because Mississippi law assigned enforcement of those violations to specified public bodies and officials. The court reversed and rendered judgment, dismissing the parents’ bill of exceptions and dissolving the lower court’s injunctive orders.

Holdings

  1. The parents were not persons aggrieved within the meaning of section 11-51-75 because their challenge to the municipal decision was based on alleged ethical violations by council members, and they did not have the statutory standing to pursue that challenge directly in court.
  2. The parents' sole remedy for the alleged ethical violations was to file a complaint with the Mississippi Ethics Commission; they could not directly challenge the alleged violations through a bill of exceptions in circuit court.

Questions Presented

  1. Whether the parents had standing as persons aggrieved to file a bill of exceptions under Mississippi Code section 11-51-75 challenging the City Council's confirmation vote.
  2. Whether the parents had standing to bring a direct court challenge based on alleged ethical violations by City Council members.

Disposition

reversed_and_remanded

Cases Cited (14)

  • Frazier v. State ex rel. Pittman, 504 So. 2d 675, 695 (Miss. 1987)(applied below; not addressed as controlling by the Supreme Court)
  • Sanderson Farms, Inc. v. Gatlin, 848 So. 2d 828, 841 (Miss. 2003)(followed)
  • McPhail v. City of Lumberton, 832 So. 2d 489, 491 (Miss. 2002)(followed)
  • Burgess v. City of Gulfport, 814 So. 2d 149, 152-53 (Miss. 2002)(followed)
  • State v. Quitman County, 807 So. 2d 401, 405 (Miss. 2001)(followed)
  • Fordice v. Bryan, 651 So. 2d 998, 1003 (Miss. 1995)(followed)
  • Van Slyke v. Board of Trustees, 613 So. 2d 872, 875 (Miss. 1993)(followed)
  • Dye v. State ex rel. Hale, 507 So. 2d 332, 338 (Miss. 1987)(followed)
  • Saucier v. Biloxi Regional Medical Center, 708 So. 2d 1351, 1355 (Miss. 1998)(followed)
  • White Cypress Lakes Development Corp. v. Hertz, 541 So. 2d 1031, 1034 (Miss. 1989)(followed)

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