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Gaddy v. Bucklew
Citations: 580 So. 2d 1180; 1990 Miss. LEXIS 811; 1990 WL 257376Docket: No. 89-CA-1142
Court: Mississippi Supreme Court; December 26, 1990; Mississippi; State Supreme Court
George Gaddy, Joe Norman, and James B. Jones, members of the Laurel, Mississippi City Council, appealed a ruling from the Circuit Court of Jones County that limited their appointment powers and declared certain Council actions void. Mayor Henry Bucklew filed a motion to dismiss the appeal based on the Council members' lack of standing, which was considered alongside the case's merits. The court found merit in the dismissal motion, thus not addressing the four substantive issues raised by the appellants. On July 1, 1985, Laurel adopted a mayor-council government structure, with Bucklew becoming Mayor on July 1, 1989, alongside the Council members, who began their four-year terms. On his inauguration day, Bucklew issued several executive orders, including appointing and terminating various municipal positions, while the Council adopted orders appointing a City Attorney and reaffirming existing contracts, among other actions. Bucklew vetoed these Council actions, but the Council subsequently overrode his veto. On July 5, 1989, the Council reiterated some prior actions and introduced new ordinances. Bucklew sought a declaratory judgment to clarify the division of governmental powers between the Mayor and the Council as defined by state law. The court determined the exclusive legislative powers belonged to the Council, while the Mayor retained exclusive executive powers, including supervision of municipal departments and budget administration. The court's final judgment on October 2, 1989, upheld Bucklew's appointments and invalidated the Council's actions, except for parts of Ordinance No. 1152-1989. On October 10, 1989, Gaddy, Norman, and Jones, acting as Councilmen for the City of Laurel, attempted to appeal a lower court judgment and filed a petition for a stay, which was subsequently denied. On February 8, 1990, Bucklew moved to dismiss the appeal, arguing the appellants lacked standing to appeal in their official capacity. Supporting this motion, Bucklew submitted affidavits from four non-appellant council members expressing their disinterest in pursuing the appeal and from the City Clerk, Jolyn Sellers, stating that no resolution authorized the appeal. The court considered whether to grant the motion to dismiss. It noted the principle from Miss.Code Ann. 11-51-105 allowing citizens and taxpayers to appeal in the public interest when the governing authority declines to do so. However, the case of City of Clinton v. Smith, cited by the appellants, involved a council member acting in an individual capacity, which distinguished it from the current case. The court also referenced Miss.Code Ann. 21-8-11(2), indicating that council actions require majority approval, which was not present for the appeal. Consequently, the court concluded that the appellants lacked authority and standing to pursue the appeal on behalf of the Council, leading to the dismissal of the appeal. The decision was supported by multiple justices.