Booneville Collision Repair, Inc. v. City of Booneville
Annotate this CaseWhen Booneville Collision Repair (BCR) unknowingly purchased land that had been sold for delinquent municipal taxes, it redeemed the land and sued Prentiss County, the City of Booneville, and the municipal tax collector, Sheila Bolden, for the damages incurred from the failure to provide notice of the tax sales. BCR argued that it had not received notice because Bolden never filed with the chancery clerk the list of properties sold for taxes as required by Mississippi law. BCR appealed the dismissal of its claims against the City and Bolden, asserting that they may be found liable under the Mississippi Tort Claims Act (MTCA) and under Section 27-41-79. After review, the Supreme Court found that an action under Section 27-41-79 was a separate statutory action and not a tort action subject to the MTCA, and that BCR stated a claim under the statute. Furthermore, the Court found that, while BCR's negligence claim was subject to the MTCA, no immunity existed. Therefore, the Court reversed the grant of the motions to dismiss and remand for further proceedings.
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