State v. Molpus

¶1for the Court:

¶2This ease arises from a claim of adverse possession by the plaintiff, C.W. McGowen, of low-lying property along Bayou Cumbest, in Section 35, Township 7 South, Range 5 West, Jackson County, Mississippi, to which defendant, J.J. Whitehead, Jr., asserts record title. The upland is adjacent to tidelands across which a canal and basin were dredged between 1952 and 1959 by private persons and the spoils deposited on tidelands which were then, and are now, below mean high tide. The involvement of the tidelands implicates and makes the State a party. The subject land is located within the area of the Special Management Area Plan adopted by the United States and the State of Mississippi. This appeal addresses the same question presented in Secretary of State v. Wiesenberg, 633 So.2d 987 (Miss.1994) and handed down concurrently with this opinion,1 involving the constitutionality of the 1989 Tidelands Legislation enacted by the Mississippi Legislature. See Miss.Code Ann. §§ 29-15-1 et seq. (Supp.1991). Since the dispositive issue on appeal in the case sub judice involves constitutional questions and there are no unique issues of fact or law, exposition of neither facts nor law is necessary for disposition.

¶3The decision we render today in Secretary of State v. Wiesenberg, 633 So.2d 987 (Miss.1994), controls the disposition of all salient issues raised in the ease sub judice. Accordingly, we reverse and render.

¶4REVERSED AND RENDERED.