Hosemann v. Harris
Annotate this CaseAbutting landowners Clyde Gunn, D. Neil Harris, and Vecie Harris, filed suit to confirm title to a sand beach located to the south of a road and seawall in Ocean Springs. The State, Jackson County, and the City of Ocean Springs claimed title to the same land. The lower court granted partial summary judgment in favor of Gunn and Neil and Vecie Harris, and found that the sand beach was not public trust tidelands. The chancellor then vested title to the sand beach in fee simple in Gunn and Harris, subject to prescriptive easements to the City and County for maintenance. The court held the State, County, and City failed to prove adverse possession or public prescriptive easement by clear and convincing evidence. The court found that the County had a prescriptive easement in maintaining the sand beach for seawall protection and the City had a prescriptive easement for road maintenance. The court denied the City's Motion to Amend or Alter Judgment or in the Alternative for New Trial. The State, County, and City each appealed. After review, the Supreme Court concluded the trial court abused its discretion by its omission of certain evidence, and in its interpretation of case and statutory authority. Accordingly, summary judgment was improvidently granted. The Supreme Court reversed and remanded for further proceedings.
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