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 reply brief
McMillins’ reply brief
Watch the argument here.