Oral arg. – COA – June 21, 2016

At 1:30 the COA will hear the case of Hinds County Economic Development Dt v. W&G Properties, LLC and Magnolia Label Co., Inc.

In 20004,  W&G purchased  four acres in the Sonny McDonald Industrial Center for  $64,000 for the purpose of relocating the business operations of  Magnolia Label. Two years later, W&G sued the Hinds County Economic Dev. Dt. for fraudulent inducement, etc. claiming that it would not have purchased the property had it not been led to believe that the property would come with sewer and power lines. They began construction and eventually sent a request to Entergy to have the power connected and were told there was no power.  W&G sued.  Judge Winston Kidd presided over a bench trial and found that HCEDD “agreed to sell the property in the McDonald Park with sewer lines running through the frontage road portion of said property and 3-phase electrical power on-site.”

Teh Court awarded Magnolia Label $137,034.95 in lost profits between January and April 2005 and  $1,120.00 for expenses that W&G incurred for plumbing charges, a sewer permit, and portable toilets, all as a result of the lack of utilities. The Court also awarded $56,000 as the difference between what W&G paid for the property and what it was worth.

The Hinds County Economic Development District appeals arguing that there was no breach of contract and, if there was, the court erred in calculating damages.

Brief of Hinds County Economic Dev. Dt.

Brief of W&G Properties

Hinds County Econ. Development Dt.’s reply brief

 

Watch the argument here. 

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