Though the city of Gluckstadt was incorporated, it doesn’t mean they have the power of a city yet. May 20 is the deadline to file for a rehearing. Barring that, a mandate will be issued May 27 cementing their incorporation.
According to Gluckstadt attorney Jerry Mills, given the strong opinion of the court it is not likely that there will be a rehearing, and if there is one the ruling probably won’t be overturned.
However, since the ruling addressed Canton as well, someone may file a rehearing because they disagree with Canton’s part of the ruling.
In the case that that does happen, Gluckstadt will ask the court to issue the mandate for the part of the opinion that affects Gluckstadt.
If there is a rehearing, Gluckstadt could have to wait another two or three months before going to trial again.
The Mississippi Supreme Court ruled in favor of the soon to be city of Gluckstadt in their incorporation trial. The verdict came today, May 6.
The court unanimously came to the decision that the lower court, who granted the community incorporation in 2019, a decision that was appealed, was correct with their original ruling.
All 6 members of the court agreed that Gluckstadt should incorporate. Gluckstadt was awarded all of the areas that they were awarded in the original ruling.
Jerry Mills, a lawyer who had been working with the community of Gluckstadt for 20, provided the sun with information about what's to come now that the court has granted annexation.
"I've incorporated 2 other municipalities. This is my third city."
According to Mills, now that the opinion has been handed down, there will be a 14 day waiting period. During this time, a petition for a rehearing can be filed.
"Given the strength of the opinions in this case I don’t believe that we will see a request for a rehearing," said Mills.
"The next step is that the Supreme Court will issue a mandate putting into effect its opinion. That won’t happen in less than 21 days. Its longer if there is a petition for rehearing. We don’t know when it will become final, but for all practical purposes it will become final from this point.
The annexation becomes effective 10 days after the mandate. That's still a few weeks out, but this ruling gives the incorporators lot of assurance.
After that, Gluckstadt will be issued a charter, which will give Gluckstadt legal authority and status as a city.
Appointed Mayor Walter Morrison said what the first steps after receiving the charter will be.
"After that, (getting the charter) we need to schedule a first official meeting with the mayor and the board of alderman for the city of Gluckstadt."
"There are a lot of people who worked really hard for this. They really saw this as a vision and I am so proud and so happy for those people. They wanted it and were willing to work hard for it. I get to talk to the newspapers, but the people I’m happy for are the people who worked hard for this for 20 years."