Barham v. Mississippi Power CompanyAnnotate this Case
Families filed suit at the Circuit Court seeking, inter alia, a declaratory judgment that they owned lignite under a Mississippi Power Company (“MPC”) plant built on land MPC had purchased, a fact not disputed by any party. One month later, MPC filed suit to confirm and quiet title to its property and further asserted that lignite could only be removed economically by surface mining, a fact not disputed by any party. MPC asked to enjoin all defendants from asserting any right, title, or interest to the lignite. Alternatively, MPC asked for a declaratory judgment that lignite removal would deplete and destroy the surface of its land, rendering it unusable, a fact not disputed by any party. Two orders at issue before the Mississippi Supreme Court were "authored by two learned trial judges—one chancery, one circuit." Although the Supreme Court's review was de novo, the applicable law was neither new nor novel. Because neither trial court failed to follow controlling law, the Supreme Court affirmed.