Mississippi Sand Solutions, LLC v. Otis
Annotate this CaseMississippi Sand Solutions (MSS) and its predecessors hauled gravel and sand off its property via a private road on property belonging to the Fisher heirs. At some point, any agreement between the parties ended, and MSS sued in chancery court, asking the chancery court to find that it had an easement over the Fisher property. The chancery court ruled that MSS did not have an easement, and MSS appealed that decision. The Mississippi Supreme Court unanimously affirmed the chancery court’s ruling that MSS did not have an easement over the Fisher heirs’ property. Settlement negotiations between the parties broke down, and the Fisher heirs demanded that MSS cease and desist traversing their property. The Fisher heirs placed “no trespassing” signs on their property and put up a gate. MSS ignored the signs and tore down the gate. The Fisher heirs reported that MSS was damaging their property by dumping trash and gravel on the property and in waterways on the property. Additionally, the Fisher heirs were cited by the Mississippi Department of Environmental Quality for the dumping and burning of household waste on the Fisher property and were required to clean the site. The Fisher heirs then sued MSS in chancery court alleging trespass, and asked for an Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction. After the hearing on the emergency motion, the chancery court issued a decree on the merits of the trespass complaint in favor of the Fisher heirs and awarded the Fisher heirs damages and attorneys’ fees. However, because MSS did not receive notice the case was being tried or heard on the merits, the Mississippi Supreme Court reversed the chancery court decree on the merits and remanded for further proceedings.
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