Reno v. Bossier Parish School Board Reply Brief on Reargument of Appellee

    IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

JACKSON DIVISION 

JOAN ANDERSON, et al., 
Plaintiffs, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor 

V. CIVIL ACTION NO. 3700(J) 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al., 

Defendants 

NOTICE OF ‘MOTION 
  

PLEASE TAKE NOTICE that pefendants will bring on for hearing 

before the Honorable Dan M. Russell, Jr., Judge for -the ynited 

States District Court for the Southern District of Mississippi, in 

Judge Russell's Hearing room, 2nd Floor, United States post office 

Building, in Gulfport, Mississippi, on the 31st day of (October, 

1972, at 9:00 o'clock A.M., or as soon thereafter as counsel may 

be heard, the attached Motion for Authority to Sell Real property. 

ot [7 CHL an 
JOE . FANCHER, TR ol 

Pe. 3 Box 245 

canton, Mississippi 39046 

  

  

Attorney for Defendants 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF MISSISSIPPI 

JACKSON DIVISION 

JOAN ANDERSON, et al., 
Plaintiff 

UNITED STATES OF AMERICA, 
Plaintiff-Intervenor 

Y. CIVIL ACTION NO. 3700(J) 

CANTON MUNICIPAL SEPARATE 

SCHOOL DISTRICT, et al., 

Defendants 
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IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 and 28042 

  

MOTION FOR AUTHORITY TO 
SELL REAL PROPERTY 
  

COME NOW Defendants, Canton Municipal Separate School District, 

et al., in the above styled and numbered cause, and respectfully 

moves the Court for authority to sell certain real property, such 

real property being described and identified in Exhibit npn which 

is attached hereto and made a part hereof, 

IN SUPPORT OF THIS MOTION Defendants would respectfully show 

unto the Court the following: 

l. Pursuant to findings of fact and recommendations dated 

August 16, 1971 of Honorable Dan M. Russell, Jr., United States 

District Judge for the Southern District of Mississippi, as modified 

by Order of the ynited States Court of Appeals for the Fifth Circuit, 

dated August 24, 1971, in the above styled and numbered causes, 

 



  

Defendants were authorized to close the attendance center then 

known as Canton Junior High School, provided that none of the 

property, equipment or materials relative thereto would be sold or 

otherwise disposed of without Court approval. 

2. The Defendant School District owns certain real property 

located and situated and formerly used, as the aforesaid Canton 

Junior High School (now closed) which is not used for school or 

related purposes; which is not needed in the operation of the 

schools of this district; which is surplus, obsolete, in poor 

condition, and the continued ownership of which is not economically 

feasible or advantageous to the district; and which is identified 

and described in the aforesaid Exhibit "A" attached hereto and 

made a part hereof. 

3. The Defendant School District proposes, and is hereby 

requesting authority, to sell said property upon advertisement and 

competetive bids in the manner and as required and provided by 

Chapter 28 of the Laws of Mississippi, Extraordinary Session of 

1953, as amended. 

4,, Both the advertisements for competetive bids 28 published, 

and the deed of conveyance conveying said property pursuant thereto, 

shall contain a provision and covenant that the property shall not 

be used for a private school. 

5. Precedent to the filing this motion, the Defendant School 

District has adopted the required resolution under the terms of the 

aforesaid Laws of Mississippi, a copy of which resolution is attached 

hereto as Exhibit "B" and made a part of this motion. 

This motion is based upon the pleadings, reports, and other 

evidence already in the record of this cause, and upon such additional 

evidence as may be adduced at the hearing of this motion. 

Respectfully submitted, 

CANTON MUNICIPAL SEPARATE 

SCHOOL DISTRICT 

Po BR ope 00D ¥ 
BY: Lhe ze s I A ' 
  

Joe R. Fancher, % bop 

‘Attorney 

 



  

LEGAL DESCRIPTION OF PROPERTY OF CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT FORMERLY KNOWN AS "CANTON HIGH SCHOOL", AND SUBSEQUENTLY 
KNOWN AS "CANTON JUNIOR HIGH SCHOOL." 

  

The following described property lying and being situated in the 

City of canton, Madison County, Mississippi, to-wit; 

TRACT 1: Beginning at an iron stake on the East margin of 

North Liberty Street which is 150 feet north of the intersection 

of the East margin of Liberty Street with the North margin 

of North Street, and from said point of beginning run thence 

north along the East margin of North Liberty Street to the 

intersection of the east margin of said Liberty Street with 

the south margin of Yandell Avenue; run thence east along 

the south margin of Yandell Avenue for a distance of 600 

feet, more or less, to the west line of the property marked 

"Mrs. Chew" on the Map of the City of Canton prepared by 

George and Dunlap in the year 1898; thence run south along 

the west line of the "Mrs. Chew" property for a distance of 

1250 feet, more or less, to the north margin of North Street; 

thence run west aleng the north margin of North Street a 

distance of 200 feet to the southeast corner of Lot 4 on the 

north side of East North Street according to said map; thence 

run north a distance of 150 feet to a point due. east of 

tlie point of beginning; thence run west for a distance of 

400 feet, more or less, to the point of beginning; all 

lying and being situated in the City Jf canton, Madison 

County, Mississippi, and all according to the Map of the 

City of Canton prepared by George and Dunlap in the year 

1898; and being the same property acquired by the Trustees 

of canton Municipal Separate School District by deed executed 

by Mrs. Mackie Owen, et al., dated August 16, 1922, recorded 

in Book 1 at page 525 of the records of the Chancery Clerk 

of Madison County, Mississippi, and by deed executed by 

Mrs. w. Mosal, et al., dated April 26, 1935, recorded in Book 
120 at page 449 of said records. 

  

TRACT 2: Lots 6 and 7 and 25 feet evenly off of the 

South end of Lot 8, in Block 2 of Busse-pDobson Subdivision 
in the City of canton, Madison County, Mississippi as 

Shown by Plat thereof recorded in Deed Book 3 at page 599 

thereof of the records of the Chancery Clerk of Madison 

County, Mississippi. 

SUBJECT TO existing streets, easements, matters of survey, 

and the zoning Ordinance of the City of Canton, Mississippi. 

EXHIBIT "A" 
  

 



  

RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF 

CERTAIN REAL PROPERTY NOT USED FOR SCHOOL OR 

RELATED PURPOSES AND NOT NEEDED IN THE OPERATION 

OF THE SCHOOLS OF THE CANTON MUNICIPAL SEPARATE 

SCHOOL DISTRICT. 

WHEREAS, the Canton Municipal Separate School District is 

a school district with added territory as described in chapter 

28, Laws of Mississippi, Extraordinary Session of 1953, as 

amended; and 

WHEREAS, this school district owns certain real property which 

is not used for school or related purposes, and which is not needed 

in the operation of theschools of this district, such property 

being described and identified in Exhibit "An" which is attached 

hereto and made a part hereof; and 

WHEREAS, said property is surplus, obsolete, burdensome, and 

of no use to this school district and should be sold in accordance 

with Section 6328-41 et seq., of the Mississippi Code of 1942, as 

amended; and 

WHEREAS, precedent to such sale, it is necessary to secure 

the approval of the United States Court of Appeals for the pifth 

Circuit as required and provided by Order of said Court entered 

in Cause Numbers 28030 and 28042, dated November 7, 1969, as 

modified by Order dated August 24, 1971; 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF 

THE CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT, CANTON, MADISON 

COUNTY, MISSISSIPPI, AS FOLLOWS: 

SECTION 1: That the property described in Exhibit wan, 
  

attached hereto and made a part hereof, is not used for school 

or related purposes, is not needed in the operation of the schools 

of this district, and should be sold. 

SECTION 2: That said property shall be advertised for sale 
  

upon competetive bids in the manner provided by Chapter 28 of 

the Laws of Mississippi, Extraordinary Session of 1953, as amended. 

SECTION 3: That the attorney for this school district be, 
  

and he hereby is, authorized, empowered and directed to initiate 

and pursue such action as may be necessary to secure the approval 

of the Courts of the United States of America to effecutate and 

implement the terms provisions and intents of this resolution. 

APPROVED, PASSED AND ADOPTED, this the 12th day of September, 

The above and foregoing resolution was first reduced to 

writing and offered by Trustee Hardy who moved the adoption thereof, 

which motion was seconded by Trustee James. After having 

 



  

been read, considered, approved and adopted section by section, 

the resolution was then approved and adopted as a whole, and the 

vote on the final passage thereof was as follows; 

Trustees voting "AYE": Hardy, Holmes, James, Morgan 

and Riddell. 

Trustees voting "NAY": None. 

Trustees absent or not voting: None. 

WHEREUPON, the President declared the resolution passed, 

adopted and approved this the 12th day of September, 1972. 

9% 36 3 36 ¥ I IH IF I HK WHE HH I IH IE HE IH I IE IH KWH IE IIH IH HIE KH 

CERTIFPICAYTYTYT 
  

I, Thomas ,. James, the duly elected, qualified and acting 

Secretary of the Board of Trustees of the Canton Municipal Separate 

School District, Canton, Madison County, Mississippi, do hereby 

certify that the above and foregoing is a true and correct copy 

of a "RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF CERTAIN 

REAL PROPERTY NOT USED FOR SCHOOL OR RELATED PURPOSES AND NOT 

NEEDED IN THE OPERATION OF THE SCHOOLS OF THE CANTON MUNICIPAL 

SEPARATE SCHOOL DISTRICT" as adopted by the Board of Trustees of 

said school district on September 12, 1972, as the same appears 

and remains of record in the Minutes of said school district. 

WITNESS my signature this the 12th day of September, 1972. 

, 

/ / hr x 

/ / di / Pd 2 t : 

FT SP 

  

~~ Thomas IT James, SCCTetary 
canton Municipal Separate 

school District. 

 



, pe & 

  

LEGAL DESCRIPTION OF PROPERTY OF CANTON MUNICIPAL SEPARATE SCHOOL 

DISTRICT FORMERLY KNOWN AS “CANTON HIGH SCHOOL", AND SUBSEQUENTLY 

KNOWN AS "CANTON JUNIOR HIGH SCHOOL." 

  

The following described property lying and being situated in the 

City of Canton, Madison County, Mississippi, to-wit; 

TRACT 1: Beginning at an iron stake on the East margin of 

North Liberty Street which is 150 feet north of the intersection 

of the East margin of Liberty Street with the North margin 

of North Street, and from said point of beginning run thence 

north along the East margin of North Liberty Street to the 

intersection of the east margin of said Liberty Street with 

the south margin of vYandell Avenue; run thence east along 

the south margin of Yandell Avenue for a distance of 600 

feet, more or less, to the west line of the property marked 

"Mrs. Chew" on the Map of the City of Canton prepared by 

George and Dunlap in the year 1898; thence run south along 

the west line of the "Mrs. Chew" property for a distance of 

1250 feet, more or less, to the north margin of North Street; 

thence run west aleng the north margin of North Street a 

distance of 200 feet to the southeast corner of Lot 4 on the 

north side of East North Street according to said map; thence 

run north a distance of 150 feet to a point due east of 

thie point of beginning; thence run west for a distance of 

LOO feet, more or less, to the point of beginning; all 
lying and being situated in the City of Canton, Madison 

county, Mississippi, and all according to the Map of the 

City of Canton prepared by George and Dunlap in the year 

1898; and being the same property acquired by the Trustees 

of Canton Municipal Separate School District by deed executed 

by Mrs. Mackie Owen, et al., dated August 16, 1922, recorded 

in Book 1 at page 525 of the records of the Chancery Clerk 

of Madison County, Mississippi, and by deed executed by 

Mrs. w. Mosal, et al., dated April 26, 1935, recorded in Book 

120 at page 449 of said records. 

  

TRACT 2: Lots 6 and 7 and 25 feet evenly off of the 

South end of Lot 8, in Block 2 of Busse-Dobson Subdivision 
in the City of Canton, Madison County, Mississippi as 

shown by plat thereof recorded in Deed Book 3 at page 599 

thereof of the records of the Chancery Clerk of Madison 

county, Mississippi. 

SUBJECT TO existing streets, easements, matters of survey, 

and the Zoning Ordinance of the City of Canton, Mississippi. 

EXHIBIT "A" 
  

 



  

CERTIFICATE OF SERVICE 
  

I, Joe R. Fancher, Jr., Attorney for Defendants, Canton 

Municipal Separate School District, do hereby certify that on 

this 9th day of October y, 1972, I caused to be 
  

served by United States Mail, postage prepaid, true and correct 

copies of the foregoing Notice of Motion and Motion for Authority 

to Sell Real Property upon attorneys of record for Plaintiffs and 

Plaintiff-Intervenor, addressed as follows; 

Mr. Melvyn R. Leventhal 

538-3 North Farish Street 

P. 0. Drawer 290 

Jackson, Mississippi 39202 

Mr. Melvyn Zarr 

10 Columbus Circle, Suite 2030 

New York, New York 10019 

Mr. David LL. Norman 

Deputy Assistant Attorney General 

Department of Justice 

washington, D.C. 20530 

Honorable Robert E. Hauberg 

United States Attorney 

P. 0. Box 2091 

Jackson, Mississippi 39205 

a od 
  

(Joe Re Fancher, JI .’/ 

di at Law 

P. 0. Box 245 
Canton, Mississippi 39046