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November 2015

Summary Judgment for Failure to Establish Genuine Issues of Material Fact

Summary judgment was obtained in Hancock County Chancery Court.  Plaintiff asserted claims pursuant to the Mississippi Tort Claims Act alleging that the municipal defendant: negligently issued a variance without proper notice to the adjacent property owner; negligently failed to address an appropriate drainage plan; and failed to properly inspect the site of construction.  The Court found that Plaintiff failed to establish that there were genuine issues of material fact, and dismissed Plaintiff’s claims.