Oral arg. – Miss.S.Ct. – Dec. 15, 2015

At 10:30 the Miss.S.Ct. will hear the City of Tupelo v. Terry Y. McMillin. 

Dr. Terry  McMillin and Leslie S. McMillin purchased a house  from James Ewing in Tupelo in 2006.  Five years later they filed suit against the City alleging Tupelo negligently failed to follow Miss. Code Ann. §73-59-17 by not reporting to the State Board of Contractors that Ewing was operating as an unlicensed contractor.  Construction of the house started under a licensed contractor Joey Guyton.  Nine months after the building permit  was issued to Guyton by Tupelo’s permit manager, Guyton withdrew use of his contractor’s license and released the permit on the residence  to be used by a successor licensed contractor.  The City’s permit manager thought that  construction  would continue under Lawrence Deas, a licensed contractor; instead, construction continued under Jamie Ewing, who was not licensed until after the McMillin’s purchased their home.  The judge found for the McMillins in the amount of  $115,238.62. Tupelo appeals arguing that while Vail’s actions were negligent, they “were not arbitrary and capricious. As a result, Tupelo is immune from liability under Miss. Code Ann. §11-46-9(1)(h).” The McMillins cross appealed.

Tupelo’s brief

McMillins’ brief

Tupelo’s reply brief

McMillins’ reply brief 

Watch the argument here.

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