Wheelan v. City of Gautier, et al.
Feb 23, 2021OUTCOME: The Court of Appeals affirmed Chancellor's decision in favor of my client, the Owner, whereby the neighbor's claims were dismissed.
Following city council's order authorizing property owner to build 1,410-square-foot workshop on property, neighbor filed suit against owner, city, and individual members of city council, alleging city ... council's order was unlawful because city council did not provide notice to neighbors of hearing on owner's building permit. Neighbor also alleged owner's workshop created nuisance. Owner counterclaimed for slander of title. Owner and city filed motions to dismiss for failure to state claim and/or summary judgment. The Chancery Court, Jackson County, Michael H. Ward, J., appointed by Supreme Court after all three chancery court judges recused, denied city's and owner's motions to dismiss and for summary judgment. After trial, the Chancery Court, Jackson County, Michael H. Ward, J., issued opinion and final order dismissing neighbor's claims against city and owner, found that workshop was not nuisance, and dismissed owner's counterclaim of slander of title. Neighbor appealed. Owner cross-appealed.
