Supreme Court rules against Canton in Gluckstadt annexation case
The Mississippi Supreme Court has ruled against Canton in the city’s attempt to annex unincorporated areas of the county.
The ruling effectively means Gluckstadt can incorporate, said Jerry Mills of Pyle, Mills, Dye & Pittman of Ridgeland, who has worked on the case for more than 20 years.
"There are still a few steps to go but for all practical purposes, it means they will be (able to proceed with incorporation)," Mills said. "There is still an opportunity for petition for rehearing."
Mills said the decision was strong with all judges agreeing on the Gluckstadt annexation portion.
"But with three of them dissenting on Canton getting anything," Mills said. "It is extremely unlikely the petition for rehearing would be granted."
Mississippi Justice Dawn Beam wrote the 48-page decision upholding an earlier Madison County Chancery Court ruling.
“We find no merit to the claim that the chancery court was without jurisdiction to hear and decide the incorporation petition, and we affirm the chancery court’s grant of incorporation as set forth in the decree,” Beam wrote in the conclusion. “We find that the chancery court’s grant of annexation for Areas 1 and 2 and denial of annexation for Areas 3, 4, and 5 is without manifest error and is supported by substantial, credible evidence. Accordingly, we affirm the chancery court’s decree with regard to annexation.”
The appeal originated from two cases filed in the Chancery Court of Madison County.
“Petitioners from the community of Gluckstadt sought incorporation of approximately 10.8 square miles of incorporated territory in Madison County,” the decision states. “The City of Canton petitioned for annexation of approximately 6.7 square miles of unincorporated territory in Madison County, consisting of five proposed areas (Areas 1, 2, 3, 4, and 5). The chancery court entered a final decree, granting, in part, the Gluckstadt Incorporators’ petition. The decree granted Canton’s proposed annexation of Areas 1 and 2 but denied Canton’s proposed annexation of Areas 3, 4, and 5.”
A few more benchmarks must pass before Gluckstadt’s incorporation can proceed.
“The matter still has to wait 14 days for petition for rehearing,” Mills said. “It becomes official 10 days after mandate issues, which if they are denied petition for rehearing or if there is no petition for rehearing would mean that it is effective in 21 days. If there is a petition for rehearing, it would become effective once that was decided and the mandate issued.”