Archive

Archive for the ‘Dave Dennis’ Category

Speed sues Hosemann to keep eminent domain off ballot (Updated)

June 3rd, 2011 No comments

Mississippi Development Authority interim executive director Leland Speed has sued Secretary of State Delbert Hosemann, in an attempt to keep the eminent domain petition off November’s ballot.

If you’ll recall, the petition seeks to prevent the taking of private land for private development. It keeps in place the state’s authority to seize private land for public-use projects, like streets or bridges.

Nearly 120,000 people signed petitions to get the issue on the ballot. Hosemann certified the results last year.

The Mississippi Development Authority and Gov. Haley Barbour were adamantly against the notion of eliminating the state’s authority to use eminent domain for private economic development. Barbour and Gray Swoope, Speed’s successor at MDA, warned that projects like Toyota wouldn’t be in Mississippi if the law were changed.

Following a failure to change the law in the Legislature, a petition drive led by the Mississipi Farm Bureau Federation commenced, and the issue was set for the November ballot, until Thursday afternoon.

A hearing on the matter is scheduled for July 25 in Hinds County Circuit Court.

Pamela Weaver, spokesperson for Hosemann, just told Magnolia Marketplace that he would not comment beyond a statement, in which he said he intended to follow state law and place the initiative on the ballot, unless otherwise ordered by the Mississippi Supreme Court.

We’ve left a message on the cell phone of an MDA spokesperson, which wasn’t immediately returned.

For what it’s worth, Magnolia Marketplace several months ago polled the major contenders in the governor’s race — Phil Bryant, Dave Dennis, Bill Luckett, Johnny Dupree and Hudson Holliday — and they were of one mind: Eminent domain should be employed only for projects of direct public use, and that doesn’t include private economic development. Bryant, Dennis and Holliday each signed the petition to get the initiative on the ballot.

If and when we hear something from the MDA, we’ll post it. Rest assured, though: This is going to be a fight.

UPDATE: MDA spokesperson Melissa Medley just returned our call. She said that agency would have no comment on Speed’s lawsuit since he filed it as an individual, and not in his official capacity as interim executive director of the MDA.

We just got off the phone with Speed’s assistant, who said he was out of town and wouldn’t return until Monday around lunchtime. We’ll try to catch up with him then.

Damages cap briefs due to fly any minute

February 14th, 2011 No comments

A couple of newsy items on a pretty Monday morning …

The Mississippi Supreme Court has set a Feb. 28 deadline for parties to file briefs related to the damages cap question the Fifth Circuit Court of Appeals kicked back to the state court earlier this year.

If last year’s premises liability case that also addressed the punitive damages cap is any indication, the briefs should come in by the truckload.

Mississippi’s $1 million cap on punitive damages was the cornerstone of 2004’s tort reform. It essentially eliminated the massive judgments that had earned the state a reputation as a plaintiff attorney’s paradise. The premises liability case reached the state’s high court last year after the plaintiff appealed the trial judge’s setting aside a $4 million jury verdict, and reducing it to comply with the $1 million cap. The Mississippi court clearly answered the premises liability issue, but did not rule on the constitutionality of the damages cap. That’s what the Fifth Circuit is asking the Supreme Court to do now.

Expect every business group and trade association there is to file a friend of the court brief in support of the cap. Gov. Haley Barbour, like he did in the premises liability case, will probably do the same.

A lawyer friend of Magnolia Marketplace told us a few weeks back that if the Court rules the damages cap is out of line with the Mississippi Constitution, “it’ll be like 1995 all over again” as far as the state’s tort climate goes. “All hell will break loose,” he said. “It’ll be like tort reform never happened.”

A lot of folks have a lot on the line in this deal.

In other news, Dave Dennis officially kicks off his campaign for governor this week, with stops planned all across the state. Unofficially, he’s been campaigning for over a year now.

Lynn Fitch, executive director of the State Personnel Board, will also start her campaign for treasurer with a three-day announcement tour.

Strap in. It’s going to be a busy week.

 

Gov. candidates of one mind on eminent domain (Update)

October 6th, 2010 No comments

Magnolia Marketplace is not finding much disagreement among the 2011 candidates for governor on the issue of employing eminent domain for private economic development.

Two of the three Republicans who are running support Farm Bureau’s efforts to put the issue on the ballot.

So do the two Democrats who hope to reach the Governor’s Mansion.

“As a businessman I strongly encourage economic development, but using eminent domain as a device to take privately owned land to transfer to developers is improper,” Bill Luckett, a Clarksdale attorney, said in a statement emailed to Magnolia Marketplace.

“Mississippians should be able to count on preserving their individual and personal rights against overbearing big government. (Farm Bureau’s) initiative protects private citizens from governmental abuse. Passing this initiative will greatly discourage government entities from taking one’s property for the sole purpose of making money.

“Unless property is taken truly for the good of the public, I do not believe in using confiscatory endeavors as a means of economic development.”

Luckett joins Lt. Gov. Phil Bryant and Gulfport businessman Dave Dennis in supporting the Farm Bureau petition.

“I tend to agree with them,” Hattiesburg Mayor Johnny Dupree, a Democrat who will oppose Luckett in the primary, said in a phone interview Monday afternoon. “It it is used for public use, I certainly support that.”

The other Republican in the race, Pearl River County Supervisor Hudson Holliday, has not returned a voicemail we left on his cell phone Tuesday afternoon. If and when he does, we’ll let you know his stance.

UPDATE : We just heard back from Holliday. He said he understands the principles behind employing eminent domain for private economic development. That doesn’t mean he agrees with them.

“It’s a slippery slope and something that can easily be abused,” Holliday said. Holliday added that he signed Farm Bureau’s petition. That makes two gubernatorial candidates — Lt. Gov. Phil Bryant is the other — who have confirmed that they signed it.

So if you’re scoring at home, every candidate who has either unofficially or officially started pursuing the governor’s seat is in favor of restricting the use of eminent domain to projects that serve a direct public use — like roads, bridges and utilities — and eliminating the government’s power to take private property and give it to a private entity for development.