The war for Smith-Wills Stadium between the city of Jackson and state of Mississippi heated up Friday as Attorney General Lynn Fitch filed a counterclaim against the city in Hinds County Chancery Court . The city sued last month to stop the state from taking back possession of the 300-acre property.
The state leased the Smith-Wills Stadium property to Jackson in 1944. The deed stated the land would revert back to the state if it was not used for "park purposes." The city built the stadium in the 1970's with federal funds. Baseball teams came and went until the city leased the stadium to Tim Bennett's Kusche Sports Group, LLC in 2019.
Although baseball games have taken place at Smith-Wills, Bennett subleased a section of the stadium to a cigar bar. The bar had a beer and light alcohol permit from the state but no liquor license. ABC cited the bar for selling liquor without a license earlier this year. Bennett also sub-leased the parking lot to the V.A. for $360,000 per yer.
The legislature passed a bond bill this year with a provision that directed the Attorney General to sue to take back ownership of the property. Proponents of the clawback argued the property was no longer used for park purposes.
General Fitch directed the city to return the deed to the state by September 30. The city sued to stop block the enforcement of the reverter clause in Hinds County Chancery Court on September 28. The city's motion for a declaratory judgment argued:
* Declare the property is being used for park purposes. Mr. Bennett terminated the lease of the cigar bar and it moved out before July 1.
* Find Section 22 of HB #1983 violated the separation of powers by allowing the legislature to usurp the executive and judicial branches.
* Issue an injunction against the A.G. and the state after finding Section 22 is unconstitutional.
* Determine the state is "equitably estopped" from taking back the property.
Instead of turning the other cheek, the Attorney General returned fire with a counterclaim of her own. The counterclaim charges:
The City has failed to comply with the condition imposed by the Reverter Clause in the 1944 Deed (as corrected by the 1947 Deed) by using the Subject Property for purposes other than “only . . . park purposes and purposes incident thereto,” including private commercial purposes that are wholly unrelated to any park purposes. By way of example, as recently as May 2024, the City permitted Churchill Smoke Shoppe, a privately-owned, for-profit business enterprise, to operate a full-time cigar lounge and related retail establishment on the grounds of Smith-Wills Stadium, which is situated on the Subject Property. Additionally, the City is currently permitting a private tenant and occupant of the Subject Property, Kusche Sports Group, LLC d/b/a Overtime Sports, to sublease, for its own commercial benefit, approximately 234 dedicated, exclusive-use parking spaces at or around Smith-Wills Stadium to the Veterans Administration for the purpose of operating a commuter hub providing shuttle service to the G.V. (Sonny) Montgomery Medical Center, located elsewhere in Jackson. All of these parking spaces are situated on the Subject Property. Neither of the aforementioned commercial business ventures has anything to do with the operation of a “park” or any purpose incident thereto. Discovery may reveal additional non-park uses of the Subject Property.
The counterclaim claims the city violated the "park purposes" restriction by allowing these two non-park uses of the property.
The state asks the Chancellor to cancel the deed and enforce the reverter clause. Special Assistant Attorney General Rex Shannon represents the state while Samuel Begley, Esq. and City Attorney Drew Martin represent the city of Jackson. The case is assigned to Chancellor Dewayne Thomas.
30 comments:
Can Chalkline manage ANYTHING properly?
Democrats apparently can’t read, so they just sue.
Low hanging fruit for Lynn. Just banging the base.
The state of Mississippi is going to easy on Jackson. They need to audit everything the city does The mayor is not above the law. The peoples of Jackson won't remove him from office so the state needs to step in & make it where he wants to leave. Let him run for mayor of Potts Camp, MS.
Chokwe had a good deal going for a run for Washington. He gave it all away with trips to Miami and back room deals.
Now can Angelique get him an outfit for jail at Maison Weiss in a nice shade of orange?
Jackson is the Detroit of the south
One day the state will be forced to take over Jackson
How does the Zoo, a park, sell cigars and cigarettes and gum and rolaids? Verdict for the City on summary judgment.
Will Shock- Way be able to testify in this case if he has a felony conviction?
I agree! It's coming quickly
October 29, 2024 at 12:33 AM
You mean a verdict AGAINST the city? I mean I get why Joke-way filed in Hinds Chancery court. Friendly territory, but even they must recognize the letter of law. Provided they can indeed read.
That was a really dumb and racist comment. I assume you think the Hinds County Chancellors are all black hence why you made that racist statement. However, two, Thomas and Grove, are white and I can assure you all four Chancellors can read. One of them might be crazy but can read. I've also seen some white redneck judges that well, their literacy could be questioned.
If all the zoo did is sell "cigars and cigarettes and gum and rolaids", it wouldn't be a park. It would be a convenience store.
October 29, 2024 at 9:06 AM
Frankly, KF, I question the literacy of a lot of so-called "judges" in Mississippi. White, black or otherwise.
And frankly I've been seeing the same bullshit in Rankin court as hinds: 20 years with 15 years suspended. You've posted them.
Why in the world does the VA need to lease parking spaces at Smith-Wills, much less pay $360K a year for them? Who at the VA signed off on this incredible waste of federal dollars? I'm amazed at the deals Bennett manages to put together.
The parking "re-lease" should be a serious issue in this case. It might be argued that the cigar bar was part of the park's concession offerings to park-goers and therefore not adverse to the land's use as a park. It may be a reach, but it could be argued. I don't know enough details to form a solid opinion.
However, arguing that using the land specifically to direct people away from the park was not adverse would be, or at least bordering on, frivolous. No matter how many actually used the land for offsite parking, the intent was that any such user would use it and leave the land/park. They could not and would not have any intention of becoming park-goers for all or most of the time their vehicle was parked on the land. Moreover, workers using the lot (or spaces set aside for them) would prevent those intending on using it to become park-goers from using it for "park purposes."
As to the reversion clause, it was a "shall upon breach" clause, not a "may upon notice" clause. When/if breached by the City the land reverted. The contract did not provide for a curing and "re-revision" back to the City if it lost title (and control to have standing to cure) if the noticed breach were cured within X time period.
I have no idea what the parties might argue or what the Chancellor might do but I'm pretty sure what the MSSC or COA will do if it reaches them.
I would submit the AG did not need the bill to enforce the reverter clause. The AG can make her own findings and sue to enforce the clause, which she did.
HA, surely you jest Fish! You would be assuming that the AG would take ANY action on ANY subject matter in her course of work. That is the knock on her, she does NOTHING in her capacity as AG. She is window dressing at best.
So if the condition of Jackson's use of the land was for it to be used as a park, what are the state's plans after taking it over? I'm assuming they aren't bound by the "park use" limitation. So selling it to the highest bidder? Expand the Ag Museum? State of MS Zoo?
I was speaking from a legal standpoint. However, I know what you are saying. In fact, some legislative sources said the bill was passed just to make her do her job.
Miss Lynn made her bones with the China law suit, so now she is going for the gold.
If the state recovers the property I hope they will improve for baseball & softball. The baseball & softball fields in adjoining municipalities are superior to any Jackson facilities & weekly draw huge crowds for weekend tournaments. It’s a shame Jackson can’t compete.
I would not be surprised if you see more park and recreation amenities added. Probably nicer soccer fields and baseball fields. I'd love to see a Natatorium similar to Tupelo go there.
Choke about to loss another one under his reign? What is the count up to now?
“I have no idea”, finally got around to the truth, I see.
Grab your popcorn going to be a long movie
Sadly no. I sure do miss frank melton
"'I have no idea', (sic) finally got around to the truth, I see."
So, when and where did you go to law school, and when and wherever, how long and where have you practiced? My very abbreviated CV: Yale Law School and a while ago, a bit of state and federal matters, never sought or desired license to practice in MS and it would have to be a real head-turner to pro hac in, now turn down offers of large retainers for reasonably justiciable cases regularly. Too old to trade time for making more money. I'll let you "see" the reasons for yourself, right or wrong.
What are you all hot, and bothered about, I just agreed with you.
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