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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 95-CA-01046 COA MORRIS NICHOLSON AND PAUL BROADHEAD v. LAUDERDALE COUNTY BOARD OF EDUCATION AND THE LAUDERDALE COUNTY BOARD OF SUPERVISORS APPELLANTS APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEYS FOR APPELLANTS: 09/08/95 HON. SARAH P. SPRINGER LAUDERDALE COUNTY CHANCERY COURT JOHN F. HAWKINS JOHN L. MAXEY SAMUEL L. BEGLEY ROBERT H. COMPTON JOHN G. COMPTON CIVIL - OTHER ACTION DISMISSED AFFIRMED - 11/18/97

ATTORNEYS FOR APPELLEES: NATURE OF THE CASE: TRIAL COURT DISPOSITION: DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

12/9/97

BEFORE THOMAS, P.J., COLEMAN, AND KING, JJ. COLEMAN, J., FOR THE COURT: This case comes before the Court on appeal from the Lauderdale County Chancery Court's opinion and judgment dated September 8, 1995, which dismissed the appellants' amended complaint without prejudice for failure to state a claim under which relief may be granted under Rule 12(b)(6). We affirm. I. FACTS AND LITIGATION The catalyst of this present action was a series of agreements dated March 11, 1993, April 22, 1993,

and October 12, 1993, between the Board of Education of Lauderdale County and Bonito Properties, Inc., Hardy P. Graham, and Ed Johnson to develop certain sixteenth section land in Lauderdale County. On May 15, 1995, Morris Nicholson, an owner of real property in Lauderdale County, filed a complaint for declaratory judgment against the Lauderdale County Board of Education and Board of Supervisors, Bonito Properties, Inc., Hardy P. Graham, and Ed Johnson. In his complaint, Nicholson prayed that the chancery court would adjudicate all three agreements to be void and of no effect and render a declaratory judgment "adjudicating that the Board of Education is required to comply with Miss. Code Ann.

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