The city of Eupora is seeking dismissal of a petition filed to block the demolition of a house that was ordered by the Board of Aldermen.
The litigation concerns a vacant house Joyce Hendrix owns at 17 S. Allen St. The city board, following two public hearings, adopted a resolution in June finding the house to be a menace to the public health, safety and welfare of the community and should be demolished, removed and cleaned.
On Aug. 15, aldermen accepted a bid to demolish the house pending a list of conditions that Hendrix was to meet. On Aug. 16, she filed a petition in Webster County Chancery Court for preliminary injunction, temporary restraining order and other relief. Respondents are the city of Eupora, Mayor Blake McMullan, Eupora’s five aldermen and Public Works Director Odie Avery.
Hendrix alleges she was made to stop working on the structure and the city refused to give her a list of violations to get it to comply with city code. She also claims that because of the stop work orders and refusal to allow her to work on the house, the city created structural damage to the inside of the building.
Hendrix states she asked for more time to rehab and revitalize the property and bring it up to code during one of the hearings. However, she claims the board did not notify her of the violations and what specific problems needed to be addressed. The petitioner said she was not notified of her right to appeal the board’s decision to condemn her property, and that the city has refused to allow her to rehabilitate and improve the house.
Further, Hendrix alleges she has been unfairly treated as an 80-year-old recent widow during the process, and “has had permit requirements that were not the same as other citizens.” She claims the city is attempting to demolish her private property without proper due process.
Hendrix is asking the court to enjoin the city from demolishing the house and issue a temporary restraining order “from further damages sustained from the unlawful order to demolish petitioner’s house.” She is also requesting payment for damages and costs she alleges she sustained, including court costs and attorney’s fees.
Hendrix is represented by attorney Joseph H. Van Every of Columbus; her petition represents only one side of a legal argument. On Sept. 6, the Board of Aldermen authorized the city attorney to respond to the petition and rescinded the requirements “to proceed with renovation of 17 S. Allen.”
The case was assigned to Chancellor Rodney Faver but he recused himself and requested the matter be reassigned to another chancellor in an order dated Sept. 15. Faver stated he was doing so to ensure impartiality because he filed suit against the plaintiff while representing a client in private practice.
City Attorney Joey Hood filed an answer and affirmative defenses to the petition on Sept. 21. The response says Hendrix fails to come before the court with “clean hands” and should be denied the relief she seeks.
According to the answer, the Chancery Court lacks subject matter jurisdiction and is barred from hearing the action. It states Hendrix had 10 days to appeal the Board of Aldermen’s resolution directly to the Circuit Court, which was not done.
Additionally, the answer states Hendrix was personally served with the signed resolution and sent a letter that was posted on the property stating she had 30 days to demolish the structure, which was not done. It says she was given proper notice of all proceedings, including blight letters sent to her before proceedings were instituted under the Mississippi Code
“Respondents gave petitioner multiple opportunity to repair the property,” the answer states.
Further, the response notes an independent inspector retained by the city found among other things that the home had severe structural damage, a hole in the roof and did not support anyone living in the residence.
The respondents have requested that the court dismiss the petition because Hendrix failed to file a timely appeal. In the event the court declines to do so, they request the court find that they have complied with the requirements of the state code concerning determination that a property or parcel of land is a menace and concerning notification to the property owner. They also ask the court to award all costs in the defense of the matter to the respondents.
The most recent board action concerning the petition was taken Oct. 3 following an executive session held, in part, to discuss pending litigation. All members were present except Robert Gibbs (Ward 4).
Afterwards, according to city officials, the board approved a motion directing Hood to proceed with filing a motion to dismiss the litigation in Webster County Chancery Court.
