The War over Smith-Wills Stadium moved up to a new level yesterday after the city of Jackson sued the state of Mississippi in Hinds County Chancery Court.
The stated 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 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.
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.
Attorney General Lynn Fitch sent a letter to Jackson Mayor Chokwe Antar Lumumba last week that directed Jackson to turn over the property by September 30. Mayor Lumumba said the city would fight the clawback effort and fight it did.
Attorney Samuel Begley and City Attorney Drew Martin filed a complaint for a declaratory judgment against the state and Attorney General Lynn Fitch yesterday. The lawsuit made several requests of the Court:
* 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. (KF Note: Does the A.G. actually need Section 22 to enforce the reverter provisions of the deed. Could she have taken action at any time without the passage of the bill?)
* 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. (KF Note: Could the state get around this argument by paying Jackson for Smith-Wills Stadium? Jackson leased the property for $50,000 in 1944. Such a sum is worth over $890,000 today.)
The case is assigned to Hinds County Chancellor Dwayne Thomas.
The deed, Section 22, and other exhibits are included in the complaint posted below.
13 comments:
Chowke doesn't want to lose the grease.
Dewayne Thomas is Judge. That's a shame. My guess....Thomas sides with the city, State takes it over his head, Thomas is overturned. Appeal after appeal.
Begley is involved ?
I'm sure that fact alone strikes fear into the opposing legal team.
Lynn will issue some subpoenas that could uncover some Interesting info
The parking lot s still leased to the VA so it's still being used for non-park purposes.
why the State puts up with these BS lawsuits from the COJ is beyond me- The SOM should simply swipe away these incompetents as needed and stop wasting time and money on all of these BS lawsuits by the COJ- There is no telling what the airport litigation alone has cost not to mention the continuing deterioration of the airport- Henafin has done a fantastic Jon with water/sewer- thank you Judge Wingate. Take note SOM!
Dewayne will be de novo’d.
Even if Mr Bennet closed the Cigar Bar, where does that leave the parties involved with the "Parking Lot Lease?"
'Sources say' there was more than a little sports betting going on at the cigar bar. So, there's Chokwe's trump card.
Since Bennett has not paid the required lease fees to the city, and on top of that makes $ from renting out the parking lot that he does not own, what possible reason does the city have for fighting to keep Smith Wills? Just let the state take it over, fix it up and run it like a business. Hire a manager and host events, tournaments, leagues and such. Thank you!
@12:49 I’m no climatologist but I can spot grifting when I see it.
City will lose that battle. It is State land that is City can use for certain purposed only. May take a an appeal or two no way City can win.
Lumumba and his people need to place to smoke cigars and drink in the company of scantily-clad women, especially since Jody Owens's place downtown has been compromised (by the FBI).
How else are they going to pretend to be bosses?
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