Mississippi Municipal Law Blog

Surburban Deer Slayer

September 21, 2009 · Leave a Comment

I have been remiss in noting the fact that the City of Oxford is allowing 30 day permits to hunt deer within the city limits and on some University of Mississippi campus areas. This is in response to an overpopulation of deer within the city limits. This hunting may only be done with bows as a nod to safety in the city.

Also unique to this story, besides the fact it is in city limits, is that there are no limitations on the hunters with regards to type of deer as all male, female, and “baby” deer are available to be taken.

See the NMiss Commentor for more on the story.

* I will also acknowledge a personal interest I have in this topic as I have been riding in a car in the City of Oxford and had a deer run into the side of the car causing a large dent. I’m not saying it is an excuse to partake in this hunt but just a personal experience of mine with the deer population in Oxford. {B²}

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Spot Zoning Overturned by MS Supremes

August 20, 2009 · Leave a Comment

I know that JT and I have been remiss in blogging lately but we have both been swamped, me with school starting and JT with the impending arrival of his 3rd child, but I had to note the decision by the Supreme Court last week of Modak-Truran v. City of Jackson, et al. Opinion found here.

Some of our fellow bloggers have been on the case, most some being against the ruling as being anti-business or wrong on some level because those suing seemed to all be attorneys (3 of the 4 named Plaintiffs are attorneys). I actually think the Court made a good decision and opinion here in that they supported property owners rights (businesses be damned) to not have their neighborhood taken over by businesses. I also know a bit about this neighborhood and while there are some businesses already there as exceptions or spot zonings that should never be used as a reason for more spot zoning. An exception is just what it says, it goes against the rule. It is not a door to a slippery slope, or at least it shouldn’t be IMO.

I will also admit in all fairness that I am employed by the same institution as one of the Plaintiffs but I also can say that I rarely speak with him and have never socialized with him so I don’t consider myself biased on this position.

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Voiding Police Exams in the State Capital

July 10, 2009 · 4 Comments

News in the Clarion Ledger and on local broadcasts are leading today with the news that the City of Jackson is voiding all exam results for the recent Jackson Police Department sergeants test. For each test taking officer this is an opportunity to advance in the department and get what could be a healthy pay raise. However, the results have been invalidated as some officers allegedly obtained copies of the test before hand.  This ruling of invalidation comes from the cities Civil Service Commission.

I cannot help but wonder if the Commission took into account the recently decided SCOTUS opinion concerning New Haven, Connecticut firefighters and their promotion exam where results were thrown out when no minorities achieved passage but white firefighters did. In that case the white firefighters were backed by the Court as having their scores unfairly thrown out.

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Gulfport contemplates a 15% water and sewer hike

July 3, 2009 · Leave a Comment

The Sun Herald is reporting that the City of Gulfport is considering a 15% water and sewer hike.  Any way you slice it, that is steep stuff.

Within the story is one more more dangerous tale of variable rate bonds, and I am not saying that the bonds are the sole culprit here, but anytime I see rate hikes and these bad deals in the same story, my stomach turns.

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Things go back to normal tomorrow, so enjoy.

June 29, 2009 · Leave a Comment

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Will Jatran finally crash under the weight of a lawsuit?

June 24, 2009 · Leave a Comment

We blogged here just to mention that the city of Jackson was struggling with funding public transportation and I offered the window to open that transportation might not even be needed, or at least not in the form it is now. That being said the CL today brings to light that the U.S. Justice Department is joining in a class action suit against the city of Jackson to force compliance with the Americans with Disabilities Act.

Might this be the final straw in the Jackon public straw story?, might it not be easier to just fold up the entire system instead of continually running in the red and not being able to keep buses functioning as they should?, might this coalition be pushing too hard when their results won’t get new ADA complaint buses but no buses at all?

{B²}

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Update from Jarrod

June 23, 2009 · Leave a Comment

As  I have said and is consistent with my professional responsibilities, I do not blog about issues that involve my clients.

All I will say is that that the trial is progressing and we are moving at an appropriate pace.

I apologize that I have been almost totally absent (kudos to B2), but this is a complicated trial and is very time consuming.  But, I look forward to things getting back to normal soon, and I can pick this back up.

Jarrod

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MS Homebuilders v. City of Brandon – Update #2

June 22, 2009 · 1 Comment

OK, here is how it goes for me. I know some cases get live blogging like Folo did with Scruggs and the JFP did with the Frank Melton trial but that’s not me. I am not a member of the actual press and I am a member of the Mississippi and Alabama Bars and I take that oath to good, fair, honest trials seriously. I also am not going to live blog because this is an issue I specifically talk about during my CLE lectures as something attorneys should watch out. Below is one of the cartoons I actually use in my CLE presentations. While live blogging may not be technically unethical IMO it is just not a place where I’m going.


With that being said I leave the readers with this: 1. I always find myself enjoying federal cases, something about the mystique; 2. I will take notes when I am able to go and after the trial is over I may very well publish my thoughts here, but it will be after a decision is rendered; 3. Judge Barbour is a bow-tie man, something I just don’t understand (and there is my nod to the JFP coverage of Melton where dress attire seemed to be of import for some reason)

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MS Homebuilders v. City of Brandon – update

June 22, 2009 · Leave a Comment

I just walked in my office from the Eastland Courthouse catching the final selection of the jury.  I did not get to see all of the voir dire and I’m purposefully not going to post the jurors names but generally it is going to be a 7 person jury, 4 women & 3 men (I think, I didn’t write that down), 2 of the 7 are minorities, and 3 were offered per diem for hotels as they come from significant distances from Jackson. That obviously means the other 4 do not and the cities of Jackson and Morton were specifically mentioned but not in correlation to any specific juror. Age wise there is a mix of one rather old looking gentlemen, one very young looking man (I’m projecting 18 because he looked 16 to me), and everyone else looked to be in that mid-range of 35-55.

I believe in a case like this with a jury of 7 a unanimous jury will be required so could be interesting with what seems to be a pretty diverse group for 7 from the Southern District. I plan on going back to hear the opening statements this afternoon but unfortunately my work schedule won’t allow me to go but a couple of times to hear actual testimony.

One other mention I forgot above, Judge Barbour mentioned that the jury may be needed until next Wednesday. That mean a 7.5 day trial. Holy smokes, I’ve  read most of the filings in this case, I don’t see how either side could stretch it that far.

I previously blogged about this case here.

{B²}

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1995 Chateau Potensac

June 19, 2009 · Leave a Comment

By munilawblogger:

I had an opportunity to have this the other night at its full maturity.

The American public rarely drinks fully mature cabs/clarets, and I had the chance to pick this up the other night. Keep in mind it was ~14 years old at tasting. Edges were unmistakably mature and had a classic slight rust. About a foot above the glass, with no motion/swirl significant fruit hit the nose.

Acid stood out in the mouth, and the fruit on the nose was not nearly as pronounced on the tongue. Ended with the predicted slightly over ripe fruit.

I really like this chateau, but age had the better of this one. Nonetheless it is good to have a mature wine ever so often. It helps make one conscientious of how young most of the wine we drink really is.

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