Days after the Mississippi Court of Appeals affirmed the Washington County Circuit Court’s initial ruling that it lacked jurisdiction over his “untimely appeal“ of the Greenville City Council’s order to accept his resignation as chief of police, Delando Wilson filed a Motion for Rehearing.
The Mississippi Court of Appeals’ conclusion affirming the circuit court’s decision states, “The circuit court did not err in finding that it lacked jurisdiction over Wilson’s untimely appeal of the City’s order. Additionally, there is substantial credible evidence to support the circuit court’s finding that the City established its claim for replevin.”
In April 2021, the City filed a motion for instant replevin action in the Washington County Circuit Court seeking the return of property on the grounds that Wilson resigned.
The conclusion further states, “The circuit court did not err when it denied Wilson’s counterclaim and motions. Therefore, we affirm the circuit court’s judgments. Frieson’s and Griffin’s motions for sanctions and other relief are both denied.”
Wilson, who is being represented by attorney Renetha Frieson, asserts in his motion the Mississippi Court of Appeals “misapprehended the critical facts and law of the case as it concerns the violation of his constitutional right to due process.”
He maintains that he was not properly notified of the city council’s decision to accept his resignation which he soon after, according to court documents, sought to withdraw.
Back in February 2021, Wilson filed a motion for Temporary Restraining Order and Motion for Preliminary Injunction against the City of Greenville after the council voted unanimously to accept a letter of resignation from Wilson as chief of police during a Jan. 5 council meeting.
Subsequently, an order denying Wilson’s motion for reconsideration or post trial motion to alter or amend judgment was issued and filed in the Circuit Court of Washington County.
The grounds for denial, according to the order issued by her Hon. Judge Margaret Carey-McCray, were essentially that Wilson failed to appeal the decision of the Greenville City Council within the 10 day time frame — by Jan. 15, 2021 — as required by Miss. Code Section 11-51-75.
In October 2021, attorney Willie Griffin was listed as counsel of record for the City in light of former city attorney Andy Alexander’s retirement.
Heavily disputed in the motion is whether or not Wilson had knowledge of the city council‘s order when he attended a January 19 council meeting, which he regarded as an “unplanned casual discussion“ with the council.
“Mr. Wilson’s discussion with the city Council was nothing more than an expression of his intention; not a challenge of the purported January 5 order because neither he, nor his legal counsel knew the purported order existed,“ the motion states.
The crux of Wilson’s argument is still that he could not have appealed the council’s decision within the required 10-day window because he was not made aware of it and such is reflected in the council meeting minutes, as stated in his motion.
He concluded, in part, that the “detrimental effect of such lack of notice is devastating” in his case to the point of destroying his “constitutional right to the appellate process.”
