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MILL CREEK PROPERTIES, INC. v. CITY OF COLUMBIA

No. 2004-CA-02299-COA.

944 So.2d 67 (2006)

MILL CREEK PROPERTIES, INC. and By-Pass Properties, LLC f/k/a PS-BS, LLC, Appellants v. CITY OF COLUMBIA, Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 26, 2006.

Certiorari Denied December 14, 2006.

Attorney(s) appearing for the Case

Candance L. Rickman, William E. Andrews, III, Purvis, attorneys for appellants.

William C. Callender, Columbia, attorney for appellee.

EN BANC.

GRIFFIS, J., for the Court.

¶ 1. Mill Creek Properties, Inc. ("Mill Creek") and Bypass Properties, LLC ("Bypass") appeal an order of the Marion County Circuit Court that affirmed the City of Columbia's decision to close a portion of Columbia-Purvis Road. Mill Creek and Bypass assign two errors, (1) whether the court was clearly erroneous in upholding the road closing, and (2) whether the lower court erred in holding they were not

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