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MISSISSIPPI DEPT. OF MARINE RES. v. BROWN

No. 2002-CT-01404-SCT.

903 So.2d 675 (2005)

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES v. Sydney BROWN and Stephanna Brown.

Supreme Court of Mississippi.

Rehearing Denied May 26, 2005.

Attorney(s) appearing for the Case

Sharon H. Hodge, Joseph A. Runnels, Jr., attorneys for appellant.

Nathan D. Clark, attorney for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. Landowners Sydney and Stephanna Brown appealed from the Commission on Marine Resources decision denying their application to fill approximately 1.64 acres of tidal marsh and to add 200 feet to an existing pier. The Jackson County Chancery Court reversed and rendered the decision, and the Department of Marine Resources appealed. The Court of Appeals held that once the chancellor determined that the record was "devoid of...

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