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SIMMONS v. MISSISSIPPI TRANSP. COM'N

No. 96-CA-01273-SCT.

717 So.2d 300 (1998)

Stanley SIMMONS and wife, Sonnia Simmons, owners v. MISSISSIPPI TRANSPORTATION COMMISSION.

Supreme Court of Mississippi.

July 23, 1998.

Attorney(s) appearing for the Case

Virgil G. Gillespie, Amy E. Gillespie, Gulfport, Breed O. Mounger, Jr., Tylertown, for Appellants.

John H. Ott, McComb, for Appellee.

Before SULLIVAN, P.J., and JAMES L. ROBERTS, Jr. and WALLER, JJ.

SULLIVAN, Presiding Justice, for the Court:

¶ 1. The primary issue presented by this case is whether a Special Court of Eminent Domain has authority to decide the issue of title. The Simmonses assert that only the chancery court can solve the title question, and the special court of eminent domain lacks authority to hear the issue regarding previous acquisition of the access rights.

¶ 2. The Commission's position is that the Special Court of Eminent...

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