Ms. Sarah O'Reilly-Evans
Office of the Attorney GeneralApril 24, 1991
1991 WL 577549 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 April 24, 1991
*1 Re: Lease of State Property by Private Organizations
*1 Ms. Sarah O'Reilly-Evans
*1 Deputy City Attorney
*1 201 South President Street
*1 P.O. Box 17
*1 Jackson, MS 39205
Dear Ms. O'Reilly-Evans:
*1 Attorney General Mike Moore has received your letter of March 22, 1991, on behalf of the City of Jackson and has referred it to me to answer. Your letter states:
*1 I am Deputy City Attorney for the City of Jackson, and in such capacity, I request your opinion regarding the following inquiry:
*1 Whether private organizations that lease state property such as the Methodist Rehabilitation Center at the University Medical Center come under the jurisdiction of the City of Jackson's Building Code thus requiring a building permit and prescribing a fee for same, or the Zoning Ordinances of the City of Jackson? Further, if State property is leased to organizations not an arm of the state, what are the determining factors in considering whether they are subject to local building and zoning ordinances?
*1 Building codes and zoning ordinances of municipalities do not apply to state buildings. City of Jackson v. Mississippi State Building Commission, 350 So.2d 63, 66. The state does not have to obtain local building permits or comply with local zoning ordinances notwithstanding the fact that the state leases a building to a private organization.
*1 If we may be of any further assistance, please let us know.
ATTACHMENT
*1 March 22, 1991
*1 The Honorable Mike Moore
*1 Attorney General
*1 State of Mississippi
*1 Post Office Box 220
*1 Jackson, Mississippi 39205
*1 Dear General Moore:
*1 I am Deputy City Attorney for the City of Jackson, and in such capacity, I request your opinion regarding the following query:
*1 Whether private organizations that lease state property such as the Methodist Rehabilitation Center at the University Medical Center, come under the jurisdiction of the City of Jackson's Building Code thus requiring a building permit and prescribing a fee for same, or the Zoning Ordinances of the City of Jackson? Further, if State property is leased to organizations not an arm of the state, what are the determining factors in considering whether they are subject to local building and zoning ordinances?
1991 WL 577549 (Miss.A.G.)
| End of Document |