House Bill 1239

(As Passed the House)

AN ACT TO AMEND SECTION 11-51-75, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCESS FOR APPEALS TO THE CIRCUIT COURT FROM A JUDGMENT OR DECISION OF THE BOARD OF SUPERVISORS OR MUNICIPAL AUTHORITIES OF A CITY, TOWN OR VILLAGE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-51-75, Mississippi Code of 1972, is amended as follows:

11-51-75. Any person aggrieved by a judgment or decision of the board of supervisors of a county, or municipal authorities of a city, town, or village, may appeal * * * such judgment or decision to the circuit court of the county in which such board of supervisors is the governing body or in which such city, town or village is located. Such notice of appeal to the circuit court of such county shall be in writing and shall be filed with the circuit clerk within ten (10) days from the date at which session of the board of supervisors or municipal authority rendered such judgment or decision. A copy of such filed, written notice of appeal shall be delivered to the president of the board of supervisors or to the mayor or city clerk of the municipal authority and, if applicable, to such party who had been the petitioner before the board of supervisors or the municipal authority.

(a) The notice of appeal filed in the circuit court with the circuit clerk shall contain the following:

(i) The name of the county board of supervisors or the name of the municipality as the appellee. Additionally, if applicable, the name of the party who had been the petitioner before the board of supervisors or the municipal authority shall be named as an appellee.

(ii) A succinct statement of the reasons, or grounds, for the appeal.

(iii) A written description or designation of record which includes all matters that the appellant desires to be made part of the record.

(iv) Appellant shall include, as part of the designation of the record, a written list of all documents or transcripts in appellant's possession which should be part of the record, as well as a list of those items or matters which are in the possession of appellee(s) that should be included in the designated record.

(v) Appellant shall also deliver a copy of the notice of appeal and his or her written designation of the record, along with a list of all documents or transcripts in appellant's possession to the clerk of the board of supervisors or to the clerk of the municipal authority.

(b) Appellee(s) shall have ten (10) days from the filing of the notice of appeal with the circuit clerk to designate any other items or matters that appellee(s) believes should be included in the designated record as well as those items or matters that have been requested by appellant in his or her designation of record.

(c) The clerk of the board of supervisors or the municipal clerk shall assemble a complete record of the proceedings to include all writings, matters, items, documents, plats, maps, transcripts of proceedings and all other items that were designated by appellant and appellee(s) and deliver such complete record to the circuit clerk within thirty (30) days of the filing of the notice of appeal with the circuit clerk. The clerk of the board of supervisors or the municipal clerk shall certify that the record is accurate and complete and contains all writings, matters, items, documents, plats, maps, transcripts of proceedings and all other items designated by appellant and appellee(s) in their designation of record.

(d) The circuit court, as an appellate court, shall, either in term time or in vacation, hear and determine the same on the record as designated by appellant and appellee(s) and shall affirm or reverse the judgment. The circuit court shall enter an order establishing a briefing schedule and a hearing date for the parties to appear and present oral argument before the court supporting their arguments regarding the appeal prior to the court entering its judgment. If the judgment be reversed, the circuit court shall render such judgment as the board or municipal authorities ought to have rendered, and certify the same to the board of supervisors or municipal authorities. Costs shall be awarded as in other cases.

(e) The board of supervisors or municipal authorities may employ counsel to defend such appeals, to be paid out of the county or municipal treasury. Any such appeal may be heard and determined in vacation in the discretion of the court on motion of either party and written notice for ten (10) days to the other party or parties or to the attorney of record, and the hearing of same shall be held in the county where the suit is pending unless the judge in his or her order shall otherwise direct.

(f) Provided, however, that no appeal to the circuit court shall be taken from any order of the board of supervisors or municipal authorities which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be adjudicated and determined by the chancery court, in accordance with the provisions of Sections 31-13-5 * * *to through 31-13-11, both inclusive, of the Mississippi Code of 1972. And all rights of the parties shall be preserved and not foreclosed, for the hearing before the chancery court, or the chancellor in vacation. Provided, further, nothing in this section shall affect pending litigation.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.