Seyfarth v. Adams County Board of Supervisors

The Adams County, Mississippi Board of Supervisors (Board) designated Mount Airy Plantation Road as a public road, placing it on the official county road register in 2000. John Seyfarth petitioned the Board to abandon the portion of the road that dead ended into his property. He alleged that people were using the road to reach his property and trespass on it. The Board declined to abandon the road, denied Seyfarth’s request for damages, and did not address his requests that the Board take action to abate the nuisances he experienced. Seyfarth appealed to the circuit court, which affirmed the Board’s decisions not to abandon the road and not to award damages. But the circuit court ordered the Board to reasonably abate any nuisances to Seyfarth. Seyfarth appealed the circuit court’s ruling to affirm the Board’s decision not to abandon the road and not to award damages, and the Board cross-appealed the order that it abate any nuisances. Because Seyfarth had no remedy on the record before the Mississippi Supreme Court, it affirmed the circuit court’s judgment affirming the Board’s decisions declining to abandon the road and declining to award damages. But because, on this record, the Board had no legal authority to abate any nuisance in the manners suggested, the Supreme Court reversed and rendered the circuit court’s order mandating that the Board abate any nuisance. View "Seyfarth v. Adams County Board of Supervisors" on Justia Law