Jackson Jambalaya

Hotel burns as owner fiddles in court

The owner of the dilapidated Hotel O on I-55 N Frontage Road struck out yet again in court as Hinds County Court Judge Johnny McDaniels rejected his appeal of a demolition order.

 

Noah Muthana has owned Hotel O on 4639 I-55 N frontage road in Jackson for  two years.  JJ reported on March 19: 

Jackson Municipal Court Judge Jeff Reynolds ordered the demolition of the Hotel O on I-55 N frontage road Friday. 

Jackson cited Muthana for six code violations in June 2022.  Jackson Municipal Court Judge Jeff Reynolds adjudicated the case on December 16.  He found the hotel had unsafe electrical wiring,  defective plumbing, pervasive mold, structural weaknesses, and the roof was in a serious state of disrepair.  Residency-challenged individuals occupied the building even though there was no power.  However, one should never underestimate human ingenuity, even among such people.  The squatters simply ran extension cords to outlets on adjacent properties.  The Court said some cords were in contact with water.  A detective testified Muthana had three employees who lived on the property.  

The Court said Muthana made no effort to improve the property.  If anything, the property was "worse today than it was in November 2021, when the city first began investigating the property." 

Muthana faced the wrath of Reynolds and went to jail after the Court found Muthana made no effort to improve the property.  If anything, the property was "worse today than it was in November 2021, when the city first began investigating the property.  Apparently, Muthana's financial backer was more than happy to let him sit in jail.  

The defendant sat in jail for a few days before Judge Reynolds released him.  Judge Reynolds ordered JPD to evict all "tenants" from the premises.  The judge told Code Enforcement to ensure a secure fence surrounded the pool.  Judge Reyonlds ordered Muthana to post a $275,000 secured appearance bond and $2,500 cost bond if he wanted to appeal the order.  

 

 

The defendant claimed he could not afford the $275,000 appearance bond but Judge Reynolds said he could have filed an affidavit of indigency.  Judge Reynolds also pointed out Muthana retained four lawyers, thus limiting any claim of indigency. The Court said Mississippi Rule of Criminal Procedure 29.4(a) "leaves the amount of the appearance bond up to the trial judge's discretion." 

Muthana appealed to Hinds County Court, arguing the appearance bond was unconstitutional. He paid the $2,500 cost bond.

 Jackson Municipal Court Judge Jeffrey Reynolds condemned the building July 26 and gave the owner to ten days to clear everyone and everything out of the hotel. 

Hinds County Court Judge Johnny McDaniels had other ideas about the case and blocked it all, ruling on August 8 he had "exclusive jurisdiction of the case. However, Judge McDaniels never got around to questioning the demolition order because he dismissed Muthana's appeal on August 31 in a somewhat colorful opinion. The Court ruled: 

Similarly in this case, no Appearance Bond in this case was ever filed at all and as such there is no Appearance Bond for this Court to Amend and/or to Modify.

 Judge McDaniels also said Muthana did not try to appeal the bonds within a "timely manner" as Judge Reynolds set the bonds on March 17 but Muthana did not submit a motion to modify or reduce the bonds in County Court until August 18, thus missing the thirty-day deadline for such appeals.  

The Court concluded: 

 Based on the foregoing, the Appeal herein cannot survive the Appellant's three (3) self-inflicted knockout punches that were delivered to the Appeal herein. As such, the Appeal herein is hereby dismissed and the lower court shall be immediately notified of the Dismissal of the Appeal herein and further allowed to proceed with execution of the lower court's judgment.

However, there is more.  Muthana filed a notice of appeal stating he will appeal the dismissal to Hinds County Circuit Court. 

Attorney John C. Hall represents Muthana.  

Kingfish note: While Muthana tries to escape justice, several units caught fire earlier this week.  A picture of the damage is posted above.