By Rupert Howell
Panola supervisors recently employed attorney Jay Westfaul to defend their decision for special exception to re-classifiy property on I-55 near Como’s exit owned by H & G Land Company now on appeal.

The August 12 decision by supervisors to grant a special exception on the property for a gravel and sand mining and washing operation along with hot mix and concrete plants in the future was appealed by a group of Como’s business people.

A recommendation by Panola County’s Land Use Commission was overturned when supervisors sided with H & G at that hearing.

On Thursday of last week, supervisors extended Westfaul’s agreement to include a suit from H & G questioning dates on minutes of the August 12 hearing.

Board attorney William McKenzie told supervisors that Chancery Clerk Jim Pitcock had been sued as clerk of the board and that the issue surrounds the date of motion made during the August 12 hearing and the signing of board orders in minutes during a recess meeting later that month.

Among Pitcock’s duties as clerk of the board is keeping and maintaining its official minutes.
H & G Land Company along with APAC, the company who wants to lease the land,  recently filed suit stating that the proper time for filing an appeal had passed, while the group opposing the operation believes the appeal filing deadline date began after supervisors finalized minutes at the recess meeting.

McKenzie reminded supervisors that he had sent copies of the motion to both parties’ attorneys and asked the board to review a draft closely before it was approved during the recess meeting.
“You know what you did and when we did it,” McKenzie assured supervisors.

“It will be decided by a circuit judge. . . That’s their job,” McKenzie said.

Westfaul, who has been involved in several land commission appeal cases, said Monday that Panola County had agreed to let parties with interest join in the appeal’s suit defense.

H and G and APAC  have joined with the county in defending the supervisors’ decision, stating in court filings, “An issue involving a 10-day deadline for appeal which involves the preparation of minutes . . . , would likely not make issue of their (board of supervisors) own minutes.”

Circuit Judge Jimmy McClure of Sardis has recused himself from the case citing a previous professional relationship with H & G.

The matter first came before planning commissioners last spring with both proponents and opponents attending monthly meetings throughout the spring and summer before that board voted against the special exception that would allow the operation on property previously designated as agricultural.