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November 6, 2009

State supreme court appoints judge to hear DHS lawsuit

The Mississippi Supreme Court has appointed a special judge to hear a Laurel resident’s lawsuit against the city and county in connection with the relocation of the Jones County Department of Human Services building.

Circuit Court Judge Billy J. Landrum last month signed an order of recusal in the case of Anthony Jerome Hudson vs. City of Laurel, the Laurel City Council, Jones County and the Jones County Board of Supervisors.

Landrum’s order signed on Oct. 22nd states that “the court recuse himself for reasons of conflict.” The circuit judge further ordered that the circuit clerk certify a copy of his order to the Supreme Court, “who is requested to appoint another circuit judge to hear pre-trial motions as well as the trial on the merits ... and to perform whatever acts necessary as Special Circuit Judge in the timely disposition of the” case.

According to court documents, the Supreme Court on Oct. 29 appointed Judge Billy G. Bridges to preside over the case.

On Oct. 19, Hudson formerly filed the lawsuit against the four parties named.

Hudson said locating the building in Ellisville will cause hardship on the residents of Laurel.

“Since it had been determined by Jones County, the City of Laurel and DHS that 75 to 80 percent of the citizens of Laurel use DHS and the fact that this is a certified retirement city, DHS need to remain in the City of Laurel,” the lawsuit states. If the building is relocated to Highway 11 “it will cause irreparable damage and or injury to the citizens of Laurel.”

Hudson also requested that a temporary restraining order be issued until a preliminary injunction hearing could be held preventing the removal of the Jones County DHS from Laurel.

This lawsuit is the result of several weeks of city and county officials meeting and discussing the location of the new DHS building.

City officials met with members of the Jones County Board of Supervisors — Andy Dial and Johnny Burnett — in September about possibly locating the county’s DHS building in Laurel.

Dial, who is president of the Jones County Board of Supervisors, said the county had selected two sites — one in downtown Laurel and one on Highway 11 near Ellisville.

The county had purchased land in Ellisville. However, both city and county officials said they were in favor of keeping the facility in Laurel.

However, city officials said they were concerned that the county was not willing to pay for city-owned property or give the city any type of concessions for the property.

In 2007, the city gave the county the property behind the Kress’ building, being 1.25 acres of land. The county later deeded the property back to the city. The county recently began discussing the donation of that same property or possibly the property behind the Fred’s in downtown Laurel.

However, the Jones County Board of Supervisors never made an official request to the city concerning any specific piece of property in the city.

Then, a Laurel businessman William E. “Bill” Wallace — the owner of Wallace Discount Drugs in Laurel — offered to donate the county property to build the DHS building.

City officials said they thought the matter had been solved with Wallace’s donation. However, the county said Wallace’s property was less than one and a half acres and could not be used for the building.

The city property behind Kress’ is also less than one and a half acres, according to city documents.

Hudson’s suit states that many suggestions were made concerning the construction of the new facility.

The county has proposed to construct a 20,000 to 21,000-square-foot building, which is estimated to cost about $3 million.

The county has received a $600,000 Community Development Block Grant for the construction of the proposed building.

The county board on Oct. 5th then voted to proceed with building the new building on Highway 11. Then, Hudson filed his lawsuit.

Then, the Jones County Board of Supervisors on Monday (Nov. 2nd) voted to consider accepting property from the City of Laurel.

The Laurel City Council Tuesday voted to approve a resolution offering to consider conveying property to Jones County for the construction of a building for the DHS.

However, court proceedings in the lawsuit are continuing.

Also this week, Hudson filed a motion requesting the recusal of Bridges from the case claiming that he “can unequivocally say that he firmly believe he cannot get a fair hearing or fair trail before Bridges,” citing the judge’s actions in an Election Contest suit Hudson filed in June and Bridges presided over.

Last month, Bridges issued a summary judgment in the election contest suit and dismissed the case.

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