TOWN OF TERRY v. SMITH

No. 2009-EC-01109-SCT.

48 So.3d 507 (2010)

TOWN OF TERRY, Mississippi, Temporary Municipal Democratic Executive Committee and Cedric Abston, Individually v. Mary SMITH, Individually, and in her Official Capacity as City Clerk for the Town of Terry, Mississippi; and Election Commission of the Town of Terry, Mississippi.

Supreme Court of Mississippi.

October 28, 2010.


Attorney(s) appearing for the Case

Halbert E. Dockins, Jr. , Jackson, Kimberly Celeste Banks, attorneys for appellants.

James Kurt Guthrie , attorney for appellees.

Before WALLER, C.J., LAMAR and PIERCE, JJ.


PIERCE, Justice, for the Court:

¶ 1. Nominally an election contest, this is a civil-procedure case of substantive and procedural bars. The plaintiffs-appellants initially sought circuit-court review of the decision of a municipal election commission under the wrong statute. They were time-barred under the statute pleaded in the amended complaint. And they are now procedurally barred from advancing a new theory, not argued before the court below. Accordingly,...

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