The Mississippi Supreme Court recently revisited some of the procedural requirements for appealing municipal ordinances in the case of Pemberton Properties, LLC, et al, vs. The Mayor and Board of Alderman of Pearl, Mississippi,
In this case, the owners of several apartment complexes were unhappy with an ordinance that the City of Pearl had adopted. The property owners elected to appeal the ordinance by filing a bill of exceptions. The law in Mississippi has long been that a person wishing to challenge a city’s decision through a bill of exceptions must do so within 10 days after the decision was made. However, the property owners in the Pemberton case mistakenly thought that the 10 days did not start running until the ordinance actually went into effect (which was more than 10 days after it was adopted). Because of this mistake, the dismissal of the property owners’ appeal was affirmed by the Mississippi Supreme Court. As a result, the property owners may have been left without any remedy.
You have a number of procedural options and remedies available when it comes to challenging the legality of a municipal ordinance or action. However, this case once again illustrates the importance of finding a lawyer with significant local government law experience if you are going to successfully challenge a city’s actions. For more information on our local government law practice, click here.