Having been in litigation for more than a year and a half, a significant development in the matter of Delando Wilson v. The City of Greenville has come about.
The Mississippi Court of Appeals rendered a decision Tuesday to affirm the Washington County Circuit Court’s initial Feb. 12, 2021 ruling that it lacked jurisdiction over Wilson’s “untimely appeal” of the city’s order to accept his resignation as chief of police.
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 — Jan. 15, 2021 — as required by Miss. Code Section 11-51-75.
Attorney Renetha Frieson serves as counsel for Wilson.
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.
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.”
