IN THE CIRCUIT COURT OF TUNICA COUNTY, MISSISSIPPI TUNICA COUNTY, MISSISSIPPI PLAINTIFF VS. CIVIL ACTON NO

Transcription

1 IN THE CIRCUIT COURT OF TUNICA COUNTY, MISSISSIPPI TUNICA COUNTY, MISSISSIPPI PLAINTIFF VS. CIVIL ACTON NO TOWN OF TUNICA, MISSISSIPPI AND TUNICA COUNTY, MISSISSIPPI SCHOOL DISTRICT DEFENDANTS PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Comes now plaintiff, by and through counsel of record, pursuant to Miss. R. Civ. P. 65(a) and moves the Court for the entry of an order granting preliminary injunctive relief enjoining the continued administration, implementation and enforcement of the terms, conditions and provisions of Local and Private Laws, H.B (2004) which mandate Tunica County, Mississippi(TCM) to donate certain percentages of the 3.2% gaming revenue tax to the Town of Tunica(Town) and to the Tunica County School District(TCSD) in violation of Miss. Constn. Art. 3, Sections 14, 32, 66, 88, 89, 90(p) and 96(1890) and Miss. Code Ann. Section (3)(f)(Rev. 2012), and would show unto the Court the following: 1. From April 16, 1993 to the present date, the distribution and expenditure of the 3.2% gaming revenue tax imposed by TCM has been controlled by a series of Local and Private Laws adopted by the Mississippi Legislature including Local and Private Laws Ch. 923 S.B (1993), Ch. 945 H.B. 930 (1994), Ch. 942 H.B (1995), Ch. 932 H.B (1996), Ch. 939 H.B (1996), H.B (2001) and H.B (2004). The provisions of the

2 aforementioned Local and Private Laws violate the clear language of state constitutional provisions; under Mississippi law, if there is a clash between provisions of a local and private bill or a state statute and the constitution, the constitution prevails. Rolph v. Board of Trustees of Forrest County General Hospital, 346 So. 2d 377, 379 (Miss. 1977); Oxford Asset Partners, LLC v. City of Oxford, 970 So. 2d 116, (Miss. 2007); Pascagoula School District v. Tucker, 91 So. 3d 598, 603 (Miss. 2012)(internal citation omitted). 2. Under the terms, conditions and provisions of Local and Private Laws H.B (2004), TCM has been legislatively directed and mandated in violation of clear constitutional and statutory prohibitions to unlawfully donate TCM money and property to the named defendants: Town of Tunica (Town) and the Tunica County School District (TCSD). The provisions of a legislative act are unconstitutional insofar as the provisions mandate a constitutional violation. Alexander v. Allain, 441 So. 2d 1329, 1347 (Miss. 1983). 3. Local and Private Laws H.B (2004) permits TCM to impose a 3.2% tax upon the gross revenue of gaming vessels, but Section 2(b) provides that the monies will be collected by the State Tax Commission, deposited to the general fund of Tunica County and expended, as follows: (i) twelve percent (12%) shall be deposited in the county general road fund and expended for general road fund purposes; 2

3 (ii) sixty-four (64%) shall be deposited into a special fund in the county treasury and maybe expended: 1. For the construction, support or maintenance of roads and bridges, public or nonprofit water and sewer systems, public or nonprofit airports, public or nonprofit convention centers, storm water drainage and flood prevention, public recreation uses, public buildings, public education facilities, medical facilities and public transportation systems; 2. To pay and/or reduce any indebtness incurred with the regard to any projects described in paragraph (b)(ii); or 3. For any of the purposes for which monies in the general road fund of the county may be expended. No funds deposited into the special fund shall be expended or projects related to the sale or distribution of gas or electricity; (iii) twelve (12%) shall be expended for educational purposes in Tunica County; (iv) ten (10%) percent shall be paid to the Town of Tunica for deposit into the general fund of the municipality for expenditure for the purposes of the support, operation or maintenance of fire protection, streets, sidewalks and related structures, libraries, airports, municipal water and sewer systems both within and outside the corporate limits, municipal buildings, parks and recreation, the police department, supervision and finance, advertising and bringing into favorable notice the opportunities, possibilities and resources of the municipality, and debt service as to existing outstanding debt of the municipality as of the effective date of this act; and (v) two (2%) percent shall be expended for educational purposes in Tunica County which shall include and be limited to teacher s salary supplementation and teacher training. WHEREFORE, plaintiff prays for the entry of an order: 3

4 (a) adjudicating, declaring, and determining that the administration, implementation and enforcement of the provisions of the Local and Private Laws H.B. 1002(2004) are clear violations of constitutional prohibition, are contrary to, and constitute a violation of and are in direct conflict with Miss. Constn. Art. 3 Sections 14 and 32; Art. 4 Sections 88, 89, 90(p) and 96 Miss. Code Ann. Section (3)(f)(Rev. 2012) and Section (1972) and judicial decisions construing and interpreting these statutes and constitutional provisions; (b) enjoining the administration, implementation and enforcement of the terms, conditions and provisions of the Local and Private Laws H.B (2004) and the legislative mandate that the TCMBOS donate money to the Town and TCSD in violation of statutory and constitutional provisions and contrary to Mississippi judicial interpreting and construing the aforesaid statutory and constitutional principles; (c) granting any other equitable and general relief under the facts and circumstances. th SO MOVED, this the 12 day of November, Tunica County Mississippi, Plaintiff OF COUNSEL: ELLIS TURNAGE, Attorney for Plaintiff ELLIS TURNAGE, MSB #8131 4

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