Attala County Board of Supervisors v. Mississippi State Department of Health

9 Citing cases

  1. St. Dominic-Jackson Hosp. v. Health Dept

    910 So. 2d 1077 (Miss. 2005)   Cited 11 times

    ¶ 15. In Attala County Board of Supervisors v. Miss. State Dep't of Health, 867 So.2d 1019, 1023-24 (Miss. 2004), this Court adopted the following definitions: "Arbitrary" means fixed or done capriciously or at pleasure.

  2. Doe v. Doe

    341 So. 3d 953 (Miss. Ct. App. 2021)   Cited 5 times

    An act is arbitrary when it is done without adequately determining principle; not done according to reason or judgment." Attala Cnty. Bd. of Sup'rs v. Miss. State Dep't of Health , 867 So. 2d 1019, 1024 (¶18) (Miss. 2004).

  3. Kinney v. Harrison Cnty. Bd. of Supervisors

    172 So. 3d 1266 (Miss. Ct. App. 2015)   Cited 2 times

    The Commission's decision to approve Oak Crest's request for a conditional use permit was not arbitrary or capricious and was supported by substantial evidence. Substantial evidence means more than a scintilla or a suspicion. Attala Cnty. Bd. of Sup'rs v. Miss. State Dep't of Health, 867 So.2d 1019, 1023 (¶ 16) (Miss.2004). It was the Commission's and Board's decision after considering over 175 pages of exhibits and the arguments of the parties that Oak Crest's request would constitute a recreational amenity of a rural nature and not illegal manufacturing.

  4. Smith Cnty. Sch. Dist. v. Barnes

    90 So. 3d 77 (Miss. Ct. App. 2012)   Cited 1 times

    St. Dominic–Jackson Mem'l Hosp., 910 So.2d at 1082 (¶ 15) (Miss.2005) (citing Attala County Board of Supervisors v. Miss. State Dep't of Health, 867 So.2d 1019, 1023–24 (Miss.2004)). ¶ 12.

  5. Smith Cnty. School Dst. v. Barnes

    2010 CA 681 (Miss. Ct. App. 2011)

    St. Dominic-Jackson Mem'l Hosp., 910 So. 2d at 1082 (¶ 15) (Miss. 2005) (citing Attala County Board of Supervisors v. Miss. State Dep't of Health, 867 So. 2d 1019, 1023-24 (Miss. 2004)). ¶ 12.

  6. HTC Healthcare II, Inc. v. Mississippi State Department of Health

    20 So. 3d 694 (Miss. Ct. App. 2009)

    ¶ 10. HTC argues that this Court should not grant deference to the Department's findings because "the Department exercised no discretion in drafting a considered opinion on the merits, but rather merely adopted verbatim the proposed opinion submitted by GCH." The chancellor recognized that the hearing officer adopted verbatim GCH's proposed findings of fact and conclusions of law and quoted Attala County Board of Supervisors v. Mississippi State Department of Health, 867 So.2d 1019, 1021 n. 1 (Miss. 2004), a case where a hearing officer also adopted verbatim the proposed findings of fact and conclusions of law that had been submitted by one of the candidates: [T]he State Health Officer (SHO) adopted verbatim the hearing officer's report.

  7. Davis-Everett v. Dale

    926 So. 2d 279 (Miss. Ct. App. 2006)   Cited 7 times

    St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dept. of Health, 910 So.2d 1077, 1082 (¶ 15) (Miss. 2005) (citing Attala County Bd. of Supervisors v. Miss. State Dep't of Health, 867 So.2d 1019, 1023-24 (¶ 18) (Miss. 2004)). We cannot say that there is any evidence whatsoever that Dale's administrative order was arbitrary or capricious according to the above definitions.

  8. Mississippi Dept. of Corr. v. Smith

    883 So. 2d 124 (Miss. Ct. App. 2004)   Cited 8 times
    Recognizing that an agency's decision to terminate an employee is presumed correct

    ¶ 11. Courts are not to substitute their judgment for that of administrative agencies when the latter act within the narrow areas of their statutory decision-making authority. Attala County Bd. of Supervisors v. Mississippi State Dept. of Health, 867 So.2d 1019, 1023 (Miss. 2004). Discretion is exercised at the agency.

  9. Decisions Without Published Opinions

    848 So. 2d 163 (La. Ct. App. 2003)   Cited 2 times

    an v. State Farm Mut. Auto. Ins. Co.; Hernandez v. Ventle 2002 CA 2303, 06/27/2003 Reversed and Pointe Coupee 2002 CA 2304 Rendered GUIDRY, J. PETTIGREW, J., concurs FITZSIMMONS, J., concurs Williams v. Dennis 2002 CA 2366 06/27/2003 Affirmed Iberville GUIDRY, J. State v. Johnson 2002 KA 2429 06/27/2003 Conviction St. Tammany and Sentence Affirmed GUIDRY, J. Banks v. Dept. of Health Hospitals 2002 CA 2655 06/27/2003 Affirmed Civil Serv. GUIDRY, J. Adams v. Rhodes 2002 CA 1957 06/27/2003 Affirmed East Baton PETTIGREW, J. Rouge Magee v. Southern Wood, Inc. 2002 CA 2076 06/27/2003 Affirmed Tangipahoa PETTIGREW, J. State v. Banks 2002 KA 2596 06/27/2003 Conviction East Baton and Sentence Rouge Reversed. Defendant Ordered Discharged PETTIGREW, J. FITZSIMMONS, J., agrees and assigns additional reasons George v. Dept. of Health