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INCORPORATION OF OAK GROVE v. HATTIESBURG

No. 95-CA-00126-SCT.

684 So.2d 1274 (1996)

In the Matter of the INCORPORATION OF THE CITY OF OAK GROVE, LAMAR COUNTY, Mississippi: Petitioners Desiring the Incorporation of Oak Grove, MS, Dr. Jesse Palmer, President, and Dr. William A. Bufkin, Vice-President; Lamar County School District; et al. v. CITY OF HATTIESBURG, Mississippi; Nelcor; the Currie Family; Wal-Mart Stores, Inc.; Melvin Stafford; Helen Marie Stafford; Newton F. Hamlin; Douglas W. Tillery; Pearl River Valley EPA; Stafford Construction Company; Lamar Bank; Carol Lynn Kemp Simpson, Christopher Kemp, Kevin Kemp, Richard Foxworth, and Bobby L. Greer as Trustees; Canebrake Homeowners' Association, Inc.; Canebrake Utilities Associations, Inc.; Bennet V. York; and Area Development Partnership.

Supreme Court of Mississippi.

December 12, 1996.

Attorney(s) appearing for the Case

Wallace R. Gunn, Hattiesburg, William E. Andrews, III, Purvis, for Appellants.

Jerry A. Evans, Hattiesburg; Jerry L. Mills, Pyle Dreher Mills & Dye, Jackson, Robert L. Rogers, Jr., Hattiesburg; J.B. Van Slyke, Jr., Hattiesburg; Paul Richard Lambert, Eaton & Cottrell, Hattiesburg; Frank D. Montague, Jr., Montague Pittman & Varnado, Hattiesburg, for Appellees.

Before PRATHER, P.J., and BANKS and McRAE, JJ.

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION AND STATEMENT OF THE CASE

At issue in this case is the proposed incorporation of a residential area located generally west of Hattiesburg, Mississippi, known as Oak Grove. On April 28, 1987, the City of Hattiesburg filed a petition in the Chancery Courts of Lamar County and Forrest County, Mississippi seeking to expand its corporate boundaries into areas located in said counties including the Oak...

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