City of Jackson v. Miss. State Bldg. Com'n

6 Citing cases

  1. Sandoz, Inc. v. State (In re Miss. Medicaid Pharm. Average Wholesale Price Litig.)

    190 So. 3d 829 (Miss. 2015)   Cited 23 times
    Noting that the purpose of the Mississippi CPA is "to protect the citizens of Mississippi from deceptive and unfair trade practices"

    ¶ 33. The State argues that its ability to recover damages cannot be limited by a statute unless the statute places an express limitation on the State. The State relies on Jackson v. Mississippi Building Commission, 350 So.2d 63, 64 (Miss.1977). In Jackson, the State Building Commission filed a complaint arguing that the City unlawfully had required the Commission to obtain a building permit and pay fees under municipal building codes.

  2. City of Hattiesburg v. Region XII Commission on Mental Health & Retardation

    654 So. 2d 516 (Miss. 1995)   Cited 5 times
    Rejecting state law preemption argument where state statute and municipality ordinance overlapped

    The fact that the Commission is a state agency, however, does not ipso facto preclude it from adhering to the municipal ordinances regarding land use and permits concerning safety. In support of its argument the Commission points to City of Jackson v. MS State Building Commission, 350 So.2d 63 (Miss. 1977). In Jackson, the State Building Commission filed a complaint alleging that the city had unlawfully demanded that the Commission's contractor obtain a building permit and pay the city building permit fee. Jackson, 350 So.2d at 63.

  3. Green Hills Dev. Co. v. Oppenheimer Funds, Inc.

    Civil Action 3:19-CV-416-DPJ-FKB (S.D. Miss. Feb. 9, 2022)

    Specifically, Stonebridge says it is a political subdivision of the state entitled to sovereign immunity and notes that “statutes in derogation of sovereignty should be strictly construed in favor of the State so that its sovereignty may be upheld, and not narrowed or destroyed except by specific provisions.” City of Jackson v. Miss. State Bldg. Comm'n, 350 So.2d 63, 64 (Miss. 1977). The Court is not convinced.

  4. Green v. Cleary Water, Sewer Fire Dist

    2003 CT 1062 (Miss. 2005)   Cited 10 times

    As such, any ordinance Cleary enacts, which attempts to regulate individual wastewater disposal systems, must comply with the rules and regulations adopted by the Board of Health. This principle is denoted in City of Jackson v. Mississippi State Bldg. Comm'n, 350 So.2d 63, 66 (Miss. 1977), in which this Court stated that "express authority to a state agency to do a particular thing in a particular way supersedes any local or general regulation conflicting therewith." ¶ 17.

  5. City of Jackson v. State

    676 So. 2d 257 (Miss. 1996)

    Quite apart from the case law dealing with standing, this Court has entertained the appeals of municipalities on claims very similar to the present one on several occasions, and, in so doing, has impliedly accepted that said municipalities have standing to contest the actions of the state agencies in question. See City of Jackson v. Mississippi State Building Commission, 350 So.2d 63 (Miss. 1977); City of Hattiesburg v. Region XII Commission on Mental Health and Retardation, 654 So.2d 516 (Miss. 1995).

  6. Robinson v. Indianola Mun. Separate Sch. Dist

    467 So. 2d 911 (Miss. 1985)   Cited 15 times
    Recognizing adjacent landowner is specially damaged where highway obstruction resulting in public nuisance prevents ingress and egress to his property

    The chancellor ruled that the Indianola City zoning ordinance was inapplicable to the construction of schools and facilities incidental thereto because the Indianola Municipal Separate School District is a governmental body with full authority to locate and construct schools and is not governed by local zoning regulation. Reliance was placed by the chancellor upon our decision in City of Jackson v. Mississippi State Building Commission, 350 So.2d 63 (Miss. 1977), in which we held that a municipal building code does not apply to the State Building Commission because the Commission possesses plenary sovereign power to construct buildings for state use unfettered by municipal regulation. In Yates v. Mayor and Commissioners of City of Jackson, 244 So.2d 724 (Miss.