Adopted

 

COMMITTEE AMENDMENT NO 1 PROPOSED TO

 

House Bill No. 1239

 

BY: Committee

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     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 the governing authority of a * * * city, town, or village municipality, may appeal * * *within ten (10) days from the date of adjournment at which session the board of supervisors or municipal authorities rendered such judgment or decision, and may embody the facts, judgment and decision in a bill of exceptions which shall be signed by the person acting as president of the board of supervisors or of the municipal authorities.  The clerk thereof shall transmit the bill of exceptions to the circuit court at once, and the court shall either in term time or in vacation hear and determine the same on the case as presented by the bill of exceptions as an appellate court, and shall affirm or reverse the 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.  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 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 order shall otherwise direct. the judgment or decision to the circuit court of the county in which the board of supervisors is the governing body or in which the municipality is located.  A written notice of appeal to the circuit court must be filed with the circuit clerk within ten (10) days from the date at which session of the board of supervisors or the governing authority of the municipality rendered the judgment or decision.  Upon filing, a copy of the notice of appeal must be delivered to the president of the board of supervisors or to the mayor or city clerk of the municipality and, if applicable, to any party who was a petitioner before the board of supervisors or the governing authority of the municipality.

          (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.  If applicable, any party who was a petitioner before the board of supervisors or the governing authority of the municipality 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 must also deliver a copy of the notice of appeal and a 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)  An appellee has ten (10) days from the filing of the notice of appeal with the circuit clerk to designate any other items or matters that appellee believes should be included in the designated record.

          (c)  The clerk of the board of supervisors or the municipal clerk must assemble a complete record of the proceedings to include all writings, matters, items, documents, plats, maps and transcripts of proceedings that were part of the record and deliver the complete record to the circuit clerk within thirty (30) days after 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 and transcripts of proceedings designated by appellant and appellee in their designations of record.

          (d)  The circuit court, as an appellate court, either in term time or in vacation, shall hear and determine the same on the record and shall affirm or reverse the judgment.  The circuit court shall enter an order establishing a briefing schedule and a hearing date, if any, for the parties to appear and present oral argument.  If the judgment is reversed, the circuit court shall render such judgment or decision as the board of supervisors or the governing authority of the municipality ought to have rendered, and certify the same to the board of supervisors or the governing authority of the municipality.  Costs shall be awarded as in other cases.

          (e)  The scope of review in such cases shall be limited to a review of the record made before the board of supervisors or the governing authority of the municipality to determine if the action of the board of supervisors or the governing authority of the municipality is unlawful for the reason that it was:

              (i)  Not supported by any substantial evidence;

              (ii)  Arbitrary or capricious; or

              (iii)  In violation of a state statute, the United States Constitution or the Mississippi Constitution of 1890.

           * * *  Provided, however, that (f)  No appeal to the circuit court shall be taken from any order of the board of supervisors or * * * municipal authorities the governing authority of the municipality 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, but nothing in this act shall affect any appeal perfected before July 1, 2018.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     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 THE GOVERNING AUTHORITY OF A MUNICIPALITY; AND FOR RELATED PURPOSES.