The legal battle between the City of Senatobia and a former alderman continues after a circuit court judge refused to preside over a case regarding an unpaid utility bill.
Wheeler & Franks Law Firm of Tupelo served the city with a summons Tuesday, Oct. 15, on behalf of Minister Michael Cathey – who served over 30 years on the Senatobia Board of Aldermen before resigning in 2017– and Church of Christ at 401 West Gilmore Street claiming the church was overcharged on bill totaling $1,894.93 earlier this year.
The statement reflected a charge of $548.11 for water and $1,308.45 for sewer. A spokesperson for the Senatobia Utility Department confirmed water has been turned off at the church since Oct. 23 due to nonpayment. The church held two accounts with the city utility service. One line supplies water to the older portion of the church while a separate line was installed more than 40 years ago to the newer portion of the church. The older account was disconnected and the account closed due to nonpayment. The city then transferred the balance to the new account since funds were still owed.
On Oct. 29, a circuit court judge transferred the case to chancery court after issuing an order stating the case “lacked subject matter as the injunctive relief being sought by the Plaintiff (Cathey and Church of Christ) fell under the chancery court’s inherent original equity subject matter jurisdiction.”
Cathey and Church of Christ filed a Motion for Reconsideration on Oct. 31, citing Mississippi Code Annotated 11-51-75, which states in relevant part, “Any person aggrieved by a judgment or decision of the board of supervisors of a county, or the governing authority of a municipality, may appeal the judgment or decision to the circuit court of the county in which the board of supervisors is the governing body or in which the municipality is located.”
According to the initial summons served to the City of Senatobia, Cathey claims he contacted the utility department on or about March 5 to express concerns regarding the bill and usage of services. Cathey was advised a water leak was “on his side” and the city would not be making repairs. The document also claims multiple inquiries were made by Cathey, the church and counsel regarding the bill before the city stated it would take no further action and grant no further consideration on the matter.
The City of Senatobia contends Cathey was listed on the agenda for the Board of Aldermen on May 7, 2024, to speak regarding a “request for utility bill adjustment”. The city claims “Cathey addressed the Board at length and responded to several questions from aldermen. No action was taken by the Board.”
The city also claims no written notice of appeal pursuant to Mississippi Code Annotated 11-51-75 was filed by Cathey and Church of Christ within 10 days of the Board meeting May 7. Instead, a complaint was filed in circuit court on or about Oct. 15, asking for an adjustment for the alleged improperly billed sewer usage.
Cathey and Church of Christ filed a Motion for Emergency Relief Pursuant to Rule 65(b), or in the alternative, Temporary Injunctive Relief on Oct. 23.
Ginger Miller, attorney for the City of Senatobia, filed a document in response stating other than Cathey and Church of Christ’s request for a utility billing adjustment – the only other relief sought is injunctive relief, which circuit court has already determined falls under the jurisdiction of chancery court.
The document also states Cathey and Church of Christ did not follow timelines and procedures outlined in Mississippi Code Annotated 11-51-75, and any utility billing adjustment was not properly presented before circuit court as a notice of appeal.
