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DEDEAUX UTILITY CO. v. CITY OF GULFPORT

Nos. 2008-CA-02105-SCT, 2010-CA-00290-SCT.

63 So.3d 514 (2011)

DEDEAUX UTILITY COMPANY, INC. and Any and All Parties Having or Claiming Any Legal or Equitable Interest in the Property Described Therein v. The CITY OF GULFPORT, Mississippi, a Municipal Corporation. Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, a Municipal Corporation.

Supreme Court of Mississippi.

Rehearing Denied June 30, 2011.

Attorney(s) appearing for the Case

Peter C. Abide , Biloxi, Harry R. Allen , Michael Clark McCabe, Jr. , Gulfport, James H. Herring , Canton, attorneys for appellants.

Gary White , Gulfport, attorney for appellee.

Before CARLSON, P.J., RANDOLPH and KITCHENS, JJ.

RANDOLPH, Justice, for the Court:

¶ 1. In 1996, the City of Gulfport, Mississippi ("Gulfport") filed a complaint of eminent domain against Dedeaux Utility Company ("Dedeaux"), a privately-owned, public utility company, in the Special Court of Eminent Domain, Harrison County, Mississippi, First Judicial District. For the following eight years, Dedeaux continued to operate the utility. A physical taking did not occur until December 20, 2004, after a jury in the...

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