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LIPSCOMB v. COLUMBUS MUN. SEPARATE SCHOOL DIST.

No. 00-60245.

269 F.3d 494 (2001)

J. Randolph LIPSCOMB, on behalf of himself and all others similarly situated; Mayor, City of Columbus; City Council of the City of Columbus, Mississippi, as the statutorily designated successors in office to the Trustees of Franklin Academy, Plaintiffs-Appellees, v. The COLUMBUS MUNICIPAL SEPARATE SCHOOL DISTRICT, etc.; et al., Defendants, v. State of Mississippi; Eric Clark, In his capacity as Secretary of State, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 3, 2001.

Attorney(s) appearing for the Case

Luther T. Munford (argued), James William Craig, Phelps Dunbar, Jackson, MS, Joseph Randolph Lipscomb, Columbus, MS, Christopher Raymond Green, University of Notre Dame Dept. of Philosophy, Notre Dame, IN, for Lipscomb.

Thomas G. Wallace, Thomas G. Wallace & Associates, Columbus, MS, for Mayor, City of Columbus and City Council of the City of Columbus, Mississippi.

Alan Mitchell Purdie, Dion J. Shanley (argued), Gore, Kilpatrick, Purdie, Metz & Adcock, Ridgeland, MS, Paul Roger Googe, Jr., Michael Cameron Moore, Atty. Gen., William Mack Cameron, Jackson, MS, for Defendants-Appellants.

Before REYNALDO G. GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to examine a collision between the Contract Clause of the United States Constitution and Mississippi's effort to escape rent and renewal terms of leases of sixteenth section land in Columbus, Mississippi dating back to the early nineteenth century. The Secretary of State of Mississippi and the State maintain that the rental and renewal terms are invalid because their perpetuation of rents that are now nominal...

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