JORDAN v. SMITH

No. 92-CA-00151-SCT.

669 So.2d 752 (1996)

David JORDAN, Arthur A. Floyd, Jo Claire Swayze, James L. Holly, Dr. Joseph W. Curtis, James Moore, and Carl Palmer, Members of the City Council of the City of Greenwood, Mississippi v. Harry L. SMITH, in his Capacity as Mayor of the City of Greenwood, Mississippi.

Supreme Court of Mississippi.

February 5, 1996.


Attorney(s) appearing for the Case

Charles Victor McTeer, McTeer & Associates, Greenville, Shirley Byers, Greenville, for appellant.

Webb Franklin, Sam N. Fonda, Lott Franklin Fonda & Flanagan, Greenwood, for appellees.

En Banc.


BANKS, Justice, for the Court:

This matter requires that we construe statutory law with regard to the relative powers and prerogatives of the mayor and the city council in a mayor-council form of municipal government. We conclude that duly adopted city ordinances subjecting mayoral appointments of municipal judges, prosecutors and of the city attorney to the approval of the city council do not offend the statutory command that the executive power of the municipality...

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