Aldermen have authorized the Eupora Public Works Department to demolish a dilapidated structure following a judge’s ruling in a protracted legal case. The Board of Aldermen’s latest action concerns property at 17 S. Allen St., where a vacant house owned by Joyce Hendrix is located. Aldermen initially authorized City Attorney Joey Hood in December 2021 to write a letter to her and begin the demolition process to comply with the blight prevention laws. Hendrix filed an appeal letter and the board gave her 30 days to improve the property. A city-retained home inspector later found the house was structurally unsound and unsafe, and did not support human occupancy. Following two public hearings four months apart to determine if the property should be condemned, the board in June 2022 found the property to be a public health menace and ordered its demolition. This was the second time the board made such a finding. Hendrix said during one of the hearings that she had the money to fix the property and was ready to move forward with doing so. But she also said she shouldn’t have to put money into the property if it was going to be torn down. Aldermen accepted a bid that August to demolish the house pending a list of conditions that Hendrix was to meet. She filed a petition against the city the next day in Webster County Chancery Court for preliminary injunction, temporary restraining order and other relief — asking the court to enjoin the city from demolishing the house. Listed as respondents were the city of Eupora, then-Mayor Blake McMullan, the Eupora Board of Aldermen and Public Works Director Odie Avery. Columbus attorney Joe Van Avery represented Hendrix. Subsequent court filings included the city’s request that the court dismiss the petition because Hendrix failed to file a timely appeal or that the court find the city had complied with relevant state code. In 2023, a hearing was held Jan. 30 on the city’s a motion to dismiss with prejudice, meaning Hendrix could not refile the same claim again in Chancery Court. The board voted that February to rebid for demolition. Chancellor Joseph Studdard granted a summary judgment to the respondents on Oct. 13 because of Hendrix’s failure to file an appeal within 10 days as required by state code. Hendrix filed a motion Oct 22 to alter or amend judgment and a memorandum of authorities in support, which was followed by the city’s reply on Oct. 29. Motion Denied Studdard denied Hendrix’s motion to alter or amend judgment on May 17 of this year. “Joyce Hendrix has failed to provide the court with anything showing that she is entitled to relief from the judgment pursuant to Mississippi Code 11- 51-75 (which allows people to appeal a decision from a county board or municipal authority to circuit court In the county in which the decision was made),” Studdard wrote in his judgment He noted she was served with the city’s resolution on June 10, 2022, and the resolution was mailed to her as well.“The above action was filed on Aug. 17, 2022, two months after the decision of the Board of Aldermen,” Studdard said. “Furthermore, the action should have been filed in Circuit Court as required by Mississippi Code.” “(Hendrix) continues to list arguments that were stated in her original petition and response to the Motion for Summary Judgment but she does not provide any case law or justifications which would entitle her to relief from the requirements of (the) Mississippi Code,” the chancellor found. “Furthermore, it appears (Hendrix) is attempting to circumvent court deadlines by simply retitling her Memorandum of Authorities in response to Motion for Summary Judgment as a Motion to Amend or Alter Judgment in order to place documents and affidavits in the record that were ruled untimely pursuant to this court’s order on June 21, 2023,” Studdard wrote. He then ordered that Hendrix’s motion to alter or amend judgment should be dismissed. “Joyce Hendrix has failed to provide the court with reasonable arguments showing that her judgment should be altered or amended or that she is entitled to any relief from the judgment,” Studdard ruled. Demolition Bids The next related action by the Board of Aldermen occurred July 1. Under the agenda item of Board Business, aldermen went into executive session for the purpose of “Personnel and Possible Litigation.” A motion was approved afterward, apparently in relation to possible litigation, to advertise for bids to demolish the house on 17 S. Allen. The motion was offered by Billy Tabb (Ward 2) and seconded by Robert Gibbs (Ward 4) with all five aldermen voting aye. Meeting minutes show three bids were opened July 22, the lowest of which was $3,500 from Jimmy Nail. The board tabled the item until Aug. 5. Avery told the board during the latter meeting he had been unable to reach Nail, the low bidder. The public works director also said he was awaiting an asbestos report and the board voted to table the item until the next recessed meeting, which was Monday, Aug. 19. Hendrix, who was present Aug. 5, made some comments and asked questions from her seat as the board discussed the matter that night. She also distributed copies of a document to board members. Avery reported Monday that the asbestos inspection showed none was present. He also said Nail could not guarantee how long it would take him to demolish the house. Avery said the Public Works Department had the equipment to demolish the house and could do so in three days. The three aldermen present voted 3-0 to allow city workers to demolish the structure.
