municipality immunity (Mississippi) · Go Syfert
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municipality immunity in Mississippi

5 Mississippi opinions name it 2 courts 1930–2015 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Fortenberry v. City of Jacksongreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015The sole issue on appeal, as stated by Boroujerdi, is “whether a municipality that controls and operates a sewage system has a ministerial duty to repair and maintain the sewage system . . . or whether . . . the municipality has discretion . . . to repair and maintain the sewage system so as to provide the municipality with immunity from liability under Mississippi Code Section 11-46-9.” Boroujerdi urges this Court to adopt the reasoning of Presiding Justice Randolph’s dissent in Fortenberry, 71 So. 3d at 1204 (¶ 28), and overrule the Court’s decision, which held that a municipality’s duty to

2015The sole issue on appeal, as stated by Boroujerdi, is “whether a municipality that controls and operates a sewage system has a ministerial duty to repair and maintain the sewage system ... or whether ... the municipality has discretion ... to repair and maintain the sewage system so as to provide the municipality with immunity from liability under Mississippi Code Section 11-46-9.” Boroujerdi urges this Court to adopt the reasoning of Presiding Justice Randolph’s dissent in Fortenberry, 71 So.3d at 1204 (¶ 28), and overrule the Court’s decision, which held that a municipality’s duty to maintai

11
William T. Brantley v. City of Horn Lake, Mississippired
miss · 2014 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015Id. at 1116 (¶ 33).

2015Id. at 1116 (¶ 33).

11
Bankston v. Pass Road Tire Center, Inc.green
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1999–1999
1 sentence

1999Bankston v. Pass Road Tire Center, Inc., 611 So.2d 998, 1009 (Miss.1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Van Bebber v. Village of Scottville neutral
illappct · 1957
2 sentences

1965Van Bebber v. Village of Scottville, 13 Ill.

1965Van Bebber v. Village of Scottville, 13 Ill.

21965–1965
Woodruff v. Town of Okolona neutral
miss · 1880
1 sentence

1930In the fourth syllabus this court said that: "In such case, to bar the municipality on the doctrine of equitable estoppel of its right to remove a fence which encroaches on a street so dedicated, it is not enough to show that the fence was located with the concurrence of the original owner, who had made the dedication, and that the city authorities had delayed for sixteen years to actively assert its claim, during which time they had maintained the street as actually opened, and the abutting owners had improved their lots without knowledge of the city's claim." In Waterworks Co. v. Meridian, 8

11930–1930
Meridian Waterworks Co. v. City of Meridian green
miss · 1904
1 sentence

1930In the fourth syllabus this court said that: "In such case, to bar the municipality on the doctrine of equitable estoppel of its right to remove a fence which encroaches on a street so dedicated, it is not enough to show that the fence was located with the concurrence of the original owner, who had made the dedication, and that the city authorities had delayed for sixteen years to actively assert its claim, during which time they had maintained the street as actually opened, and the abutting owners had improved their lots without knowledge of the city's claim." In Waterworks Co. v. Meridian, 8

11930–1930

Where else courts name it

NY 71 (1904–2025) IL 38 (1906–2021) PA 20 (1954–2026) TX 19 (1940–2022) NJ 19 (1961–2025) OH 14 (1988–2024) WI 13 (1961–2025) ME 12 (1994–2023) CT 10 (1974–2005) AL 9 (1917–2017) AK 7 (1979–2025) CA 7 (1930–2022) FL 6 (1949–2004) OK 5 (1935–2003) MO 5 (1971–2023) MD 5 (1914–1997) IA 5 (1964–2017) NC 5 (2008–2016) MS 5 (1930–2015) MI 4 (1969–2012) GA 4 (1975–2018) SC 4 (1947–2002) IN 4 (1965–2015) RI 3 (1978–2001) WA 3 (1926–1983) VT 3 (2010–2024) LA 3 (1939–1959) AR 2 (1988–2025) KS 2 (1957–1969) NE 2 (1922–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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