Oral arg. – Miss.S.Crt. – April 7, 2015

The Court will hear an interlocutory appeal in Jourdan River Estates, LLC v. Scott Favre at 10:00 on Tuesday, April 7, 2015.

Jourdan River Estates was planning a 472 unit development on 269 acres  north of I-10 in Hancock County.  It filed several lawsuits against persons it blames for its failure to develop the property.  One case has already been to the Miss.S.Ct.  In Favre v. Jordan River Estate, the Court affirmed the trial court’s finding concerning the boundaries of the properties in dispute as well as an easement in favor of JRE on the Favre property.

In this case, JRE claimed that Scott and Cindy Favre and Jefferson and Constance Parker were “engaged in a determined effort to prevent development of the JRE tract by using a combination of legal and illegal means including violence, threats of violence, vandalism, obstructing the public road which leads to the JRE tract; placement of no trespassing signs and end of county maintenance signs; making false claims concerning property titles; etc. JRE and Yacht Club contend that this course of wrongful action has included building a gate across the public road which provides access to the JRE tract, locking the gate to obstruct traffic on the public road, falsely claiming to own the public road north of the gate, and falsely claiming to have the legal right to prohibit JRE and Yacht Club.”  The Favre and Parker defendants filed a motion to dismiss which the circuit court partially granted.  JRE filed an interlocutory appeal which was granted.

The issues, according to JRE, are as follows:

Question 1: Did the circuit court err in concluding that, under the rule of Biglane v. Under the Hill Corp., 940 So.2d 9 (Miss. 2007), plaintiffs have no cause of action arising out of defendants’ intentional acts including placement and regular locking of the gate on Nicola Road?

Question 2: Did the circuit court err in finding that claims of plaintiff Yacht Club are barred under the Noerr-Pennington doctrine? Question 3:

Did the circuit court err in finding that certain claims of plaintiff Jourdan River Estates, LLC are barred by the statute of limitations?

JRE’s brief

Favre/Parker brief

JRE rebuttal brief

Watch the argument here.

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