City of Natchez v. De La Barre

1 Citing case

  1. Lowe v. City of Moss Point

    243 So. 3d 753 (Miss. Ct. App. 2017)   Cited 1 times

    ¶ 11. Lowe does not cite, and this Court does not find, any statute, regulation, or other binding directive that imposes a duty on the City to maintain the grass, lawn, grounds, or premises of its properties. Where a duty is not imposed by law, it is discretionary. City of Natchez v. De La Barre , 145 So.3d 729, 732 (¶ 12) (Miss. Ct. App. 2014). Thus, the City's maintenance of its lawn at Pelican Landing—the narrower duty at issue—is a discretionary one. Curiously, Lowe admits as much in her brief before this Court: "To be sure, the decision ... of when and under what circumstances the [City] performs lawn maintenance at Pelican Landing is a discretionary function."