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FRATESI v. CITY OF INDIANOLA

No. 2006-CA-01977-COA.

972 So.2d 38 (2008)

Paul FRATESI, Appellant v. CITY OF INDIANOLA, Mississippi, A Municipal Corporation, Appellee.

Court of Appeals of Mississippi.

January 8, 2008.

Attorney(s) appearing for the Case

Nathan P. Adams, Greenville, for appellant.

George Ellis Abdo, Jackson, for appellee.

Before MYERS, P.J., GRIFFIS and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. In this inverse condemnation case, we find ourselves at the intersection of a municipality's right to use and maintain its prescriptive easement and its obligation to pay just compensation for property taken or damaged for a public use.

FACTS

¶ 2. Paul Fratesi owns 120 acres of land abutting the western side of Faisonia Avenue in Indianola, Mississippi; he owns title to the centerline of Faisonia Avenue...

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