Van Meter v. City of Greenwood

• Decision Date: 24 November 1998
• Docket Number: No. 97-CA-01146 COA.,97-CA-01146 COA.
• Citation: 724 So.2d 925
• Parties: Wallace VAN METER, Jr., Appellant, v. CITY OF GREENWOOD, Appellee.
• Court: Mississippi Court of Appeals

724 So.2d 925

Wallace VAN METER, Jr., Appellant, v. CITY OF GREENWOOD, Appellee.

No. 97-CA-01146 COA.

Court of Appeals of Mississippi.

November 24, 1998.

Leland H. Jones, III, Greenwood, Attorney for Appellant.

Whitman D. Mounger, Greenwood, Attorney for Appellee.

BEFORE BRIDGES, C.J., HINKEBEIN, AND KING, JJ.

HINKEBEIN, J., for the Court:

¶ 1. This appeal originates from the August 6, 1996 judgment of the Greenwood City Council that four property lots and structures owned by Wallace Van Meter, Jr. (Van Meter) were menaces to the public health and safety, pursuant to Miss.Code Ann. § 21-19-11 (Rev.1990 & Supp.1998). The resolution called for Van Meter to remove the dilapidated buildings and clean the lots within ten days, and failing that, the City would perform the services and impose costs and penalties as liens against the properties. Van Meter appealed the decision of the city council to the Circuit Court of Leflore County pursuant to Miss.Code Ann. § 11-51-75 (1972). A hearing was held February 25, 1997 and in a June 5, 1997 order, the circuit court affirmed the decision of the city council as to three of the properties, # 15, # 18, and # 1 Stroud's Alley, and took the question of the fourth property, 612 Avenue "J", under advisement. In a subsequent order filed August 12, 1997, the circuit court affirmed the city council's decision as to the property at 612 Avenue "J". The August 12, 1997 decision is not included in Van Meter's appeal and thus is not properly before this Court. Aggrieved by the June 5, 1997 ruling of the circuit court, Van Meter asserts the following assignment of error:

I. WHETHER THE CIRCUIT COURT'S DECISION AFFIRMING THE GREENWOOD CITY COUNCIL'S RESOLUTION ADJUDGING PROPERTY TO BE A MENACE TO PUBLIC HEALTH AND SAFETY WAS PROPER.

¶ 2. Holding this assignment of error to be without merit, we affirm the judgment of the circuit court.

FACTS

¶ 3. According to the record, Van Meter is the owner of a number of rental homes in the City of Greenwood, Mississippi. In July of 1996, Van Meter received notice from the City that his properties at 612 Avenue "J" and # 15, # 18 and # 1 Stroud's Alley were in such a state of uncleanliness as to be a menace to the public health and safety of the community. The properties in question were apparently unoccupied and dilapidated and subject to vandalism, broken windows, and gang graffiti. At the subsequent hearing on August 6, 1996, all members of the council adjudged the four properties to be menaces to the public health and safety. The resolution gave Van Meter ten days to demolish the dilapidated buildings or they would be removed by the City and the costs charged as liens against the properties. The record states that Van Meter was in the process of trying to renovate at least one of the houses prior to the hearing. Van Meter appealed the council's decision to the Circuit Court of Leflore County, and in keeping with the requirements of Miss.Code Ann. § 11-51-75 (1972), he filed a bill of exceptions which Council President Arance Williamson (Williamson) refused to sign. The point of contention was apparently Van Meter's claim that Williamson bore him personal animosity which in some way influenced the city council's decision. The City of Greenwood's objection to this issue being included in the bill of exceptions was that Van Meter never raised the issue at the city council hearing or asked Williamson to recuse herself. Despite numerous references, the record does not include a copy of the purported bill of exceptions that references the alleged animosity. Van Meter submitted another bill of exceptions on September 12, 1996, which Williamson acknowledged receipt of, but did not sign. On January 10, 1997, the parties eventually agreed to and signed a third version of the bill of exceptions that made no mention of the alleged animosity of the council president toward Van Meter. This bill of exceptions included testimony of the City's code inspector in regard to the condition and danger of the structures as well as Van Meter's statements regarding his efforts at rehabilitating the properties. This bill of exceptions was the one considered by the Circuit Court, of Leflore County.

¶ 4. During the February 25, 1997 hearing before the circuit court, Van Meter again raised the issue of the alleged animosity on the part of the council president. Counsel representing the City of Greenwood argued that since the allegation was not contained in the bill of exceptions, the circuit court was precluded from addressing the issue by the dictates of Miss.Code Ann. § 11-51-75 (1972). The record reflects the circuit court judge had concerns about the legal propriety of addressing the "animosity issue" and scheduled a hearing for one week later where the parties would apparently present authority as to the particular issue. The record does not contain a transcript of any such hearing, although in a letter from the City's counsel to the judge, there is a bare mention of a May 19, 1997 hearing. The letter alludes to rulings made by the judge but offers no specifics. Van Meter makes no mention of the May 19, 1997 hearing or whether he submitted the requested authority to the circuit judge. The record shows that on June 5, 1997, the circuit court affirmed the city council's decision as to the Stroud's Alley properties. On August 12, 1997, the circuit court affirmed the city council's decision as to the Avenue "J" property. Neither order makes reference to the issue of the alleged animosity of Williamson towards Van Meter but notes that the court considered the agreed bill of exceptions signed by both parties. The record does not reflect whether the buildings on Van...