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MS HB1268

Bill

Status

Failed

3/13/2019

Primary Sponsor

Dana Criswell

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Amends Section 11-51-75 of Mississippi Code to clarify the appeal process from judgments by county boards of supervisors or municipal governing authorities to circuit court.

  • Requires written notice of appeal to be filed with circuit clerk within 10 days, with copies delivered to the board president, mayor, or city clerk and any petitioners before the original authority.

  • Establishes that the circuit court reviews appeals on the record and must enter an order setting briefing schedule and hearing date, then affirm or reverse the judgment.

  • Clarifies that the amendment does not affect original court jurisdiction over constitutional challenges to county or municipal ordinances, or the right to bring separate actions for injunctive relief or declaratory relief based on claims that an ordinance is unconstitutional.

  • Takes effect July 1, 2019.

Legislative Description

Appeal from judgment by a county or municipal authority; revise standard of construction for determining constitutionality.

Last Action

Died On Calendar

3/13/2019

Committee Referrals

Judiciary, Division A2/25/2019
Judiciary A1/21/2019

Full Bill Text

No bill text available