Mississippi Code
Miss. Code Ann. § 77-3-67 (2026)
Appeals to chancery court
✓ current as of July 2026
- (1) In addition to other remedies now available at law or in equity, any party aggrieved by any final finding, order or judgment of the commission, except those final findings, orders or judgments specified in Section 77-3-72, shall have the right, regardless of the amount involved, of appeal to the chancery court of the judicial district in which the principal place of business of the utility in the state of Mississippi is located. If the court shall find that the appeal has been to the improper venue then the cause shall not be dismissed for such reason but shall be transferred to such proper venue. If an application for rehearing has been filed, an appeal must be filed within thirty (30) days after the application for rehearing has been refused or deemed refused because of the commission's failure to act thereon within the time specified in Section 77-3-65 or, if the application is granted, within thirty (30) days after the rendition of the decision on rehearing. If an application for rehearing has not been filed, an appeal must be filed within thirty (30) days after the entry of the commission's order. Every appeal shall state briefly the nature of the proceedings before the commission, and shall specify the order complained of. Any person whose rights may be directly affected by said appeal may appear and become a party, or the court may upon proper notice order any person to be joined as a party.
- (2) Upon the filing of an appeal the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall, within sixty (60) days (or within such additional time as the court may for cause allow) from the service of such notice, certify to the chancery court the record in the case, which record shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case. However, the parties and the commission may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal.
- (3) No new or additional evidence shall be introduced in the chancery court but the case shall be determined upon the record and evidence transferred.
- (4) The court may hear and dispose of the appeal in termtime or vacation and the court may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part, as the case may be. In case the order is wholly or partly vacated the court may also, in its discretion, remand the matter to the commission for such further proceedings, not inconsistent with the court's order as, in the opinion of the court, justice may require. The order shall not be vacated or set aside either in whole or in part, except for errors of law, unless the court finds that the order of the commission is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the commission, or violates constitutional rights.
Codes, 1942, § 7716-26; Laws, 1956, ch. 372, § 26; Laws, 1978, ch. 507, § 2; Laws, 1983, ch. 467, § 25, eff. 1/3/1984.
Notes of Decisions
Cited in 21
cases, 1974–2016 · leading case: Green v. Cleary Water, Sewer & Fire Dist., 17 So. 3d 559 (Miss. 2009).
Green v. Cleary Water, Sewer & Fire Dist., 17 So. 3d 559 (Miss. 2009). “See Miss.Code Ann. § 77-3-67(1) (Rev.2001). The court further held that it was without jurisdiction over the Commission’s denial of Green’s motion to amend.”
Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). “" Miss. Code Ann. § 77-3-67 (1) (Supp. 1981) (emphasis added).”
Riverboat Corp. of Mississippi v. Harrison Cnty. Bd. of Supervisors, 198 So. 3d 289 (Miss. 2016). “”) with Miss. Code Ann. § 77-3-67 (Rev. 2009) (specifically providing for an appeal from the Public Service Commission to the chancery court).”
Mississippi Power Co. v. Goudy, 459 So. 2d 257 (Miss. 1984). “By the time the Chancery Court of Forrest County considered the merits of the motion to dismiss, both these 1982 rate cases had been heard and considered by the Commission, and were before the Chancery Court of the First Judicial District of Hinds County on appeal, the only…”
MISSISSIPPI PSC v. Miss. Power & Light, 593 So. 2d 997 (Miss. 1991). “MP & L appealed to the Chancery Court of the First Judicial District of Hinds County pursuant to Miss. Code Ann. § 77-3-67 (Supp. 1990). The Chancery Court reversed the order of the MPSC, holding en route that each of the rules exceeded MPSC's statutory authority, and that two…”
South Hinds Water Co. v. MISS. Pub. SERV., 422 So. 2d 275 (Miss. 1982). “Miss. Code Ann. § 77-3-67 (Supp. 1982); Bay Springs Telephone Company, Inc.”
Mississippi Power Co. v. MISS. PUB. SERV. COM'N, 291 So. 2d 541 (Miss. 1974). “Miss. Code Ann. § 77-3-67 (1972) provides for the disposition of cases on appeal as follows: The court may hear and dispose of the appeal in term time or vacation and the court may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part, as…”
North Mississippi Util. Co. v. Wentworth, 604 So. 2d 218 (Miss. 1992). “” Appellees here, affected residents, filed notice of appeal to the Chancery Court, pursuant to the provisions of Miss.Code Ann. § 77-3-67 (1991). That court, after review of the record, reversed the decision of the Commission on the ground that the notice provisions of the…”
Total Env't Solutions, Inc. v. Mississippi Pub. Serv. Comm'n, 988 So. 2d 372 (Miss. 2008). “1997) (citing Miss.Code Ann. § 77-3-67 (Rev.2000)). DISCUSSION ¶ 9.”
Mississippi Tel. Corp. v. Mississippi Pub. Serv. Comm'n, 427 So. 2d 963 (Miss. 1983). “Miss.Code Ann. § 77-3-67 (Supp.1982). The Utility’s position on this issue is that the two procedures are mutually exclusive.”
Miss. Tel. Corp. v. Miss. Pub. Serv. Com'n, 427 So. 2d 963 (Miss. 1983). “Miss. Code Ann. § 77-3-67 (Supp. 1982). The Utility's position on this issue is that the two procedures are mutually exclusive.”
Mississippi Pub. Serv. Comm'n v. Dixie Land & Water Co., 707 So. 2d 1086 (Miss. 1998). “The order *1089 shall not be vacated or set aside either in whole or in part, except for errors of law, unless the court finds that the order of the commission is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the…”
— Miss. Code Ann. § 77-3-67(1) — 2 cases
Green v. Cleary Water, Sewer & Fire Dist., 17 So. 3d 559 (Miss. 2009). “See Miss.Code Ann. § 77-3-67(1) (Rev.2001). The court further held that it was without jurisdiction over the Commission’s denial of Green’s motion to amend.”
Riverboat Corp. of Mississippi v. Harrison Cnty. Bd. of Supervisors, 198 So. 3d 289 (Miss. 2016). “”) with Miss. Code Ann. § 77-3-67 (Rev. 2009) (specifically providing for an appeal from the Public Service Commission to the chancery court).”
— Miss. Code Ann. § 77-3-67(4) — 2 cases
Green v. Cleary Water, Sewer & Fire Dist., 17 So. 3d 559 (Miss. 2009). “See Miss.Code Ann. § 77-3-67(1) (Rev.2001). The court further held that it was without jurisdiction over the Commission’s denial of Green’s motion to amend.”
Mississippi Valley Gas Co. v. City of Pontotoc, 795 So. 2d 519 (Miss. 2001).
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