Court dismisses property lawsuit

Published 1:02 am Saturday, September 16, 2017

NATCHEZ — Adams County Circuit Court Judge Lillie Blackmon Sanders dismissed Thursday a resident’s lawsuit against the Adams County Board of Supervisors.

The crux of the case, “Lynn Wirtz v. Adams County Board of Supervisors, in its official capacity” dates back to June 2008, when Wirtz’s neighbor allegedly bulldozed an approximately 300-foot section of the man’s property within the county right-of-way.

Wirtz contends the neighbor did not have the right to remove trees and move dirt within the right-of-way because, Wirtz says, the county owns the right-of-way. Wirtz has said he is concerned with the county taking no action, as he believes many people are essentially committing theft in taking trees from the right-of-way, yet it happens all the time.

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Wirtz filed the appeal in circuit court in response to the board officially taking no action during a July meeting against Wirtz’s neighbor for removal of timber and soil from the right-of-way along Dunbar Road.

Sanders granted two motions to dismiss, one from the neighbor, H.W. Barnett, for lack of personal jurisdiction and the second from the county for the lack of subject matter jurisdiction.

Sanders also ordered Wirtz pay $1,000 of Barnett’s $1,993.23 in attorney fees.

If Wirtz chooses to appeal, it would go to the Mississippi Supreme Court.

Wirtz said Friday he would delay comment until Sanders’ released her official report from the court proceedings.