Shawnee Partners LLC v. City of Gulfport

* District Judge of the Eastern District of Louisiana, sitting by designation.
** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 12, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 02-60192
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SHAWNEE PARTNERS LLC,
Plaintiff - Counter Defendant -
Appellant - Cross-Appellee,
versus
CITY OF GULFPORT, MISSISSIPPI,
Defendant - Counter Claimant,
Appellee - Cross-Appellant.
Appeals from the United States District Court
for the Southern District of Mississippi
No. 1: 00-CV-280-RG
Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and DUVAL*, District Judge.
PER CURIAM:**
In this dispute concerning restrictions placed on land (“Jones Park”) deeded to the City of
Gulfport, Mississippi (“the City”) by Grace Jones Stewart, to be held in trust, Shawnee Partners LLC
(“Shawnee”), a corporation consisting of Stewart’s heirs, appeals the district court’s grant of

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summary judgment in favor of the City. Shawnee argues that 1) the district court erred in finding that
the extension of U.S. Highway 49 on or across Jones Park was not a violation for which the
Jones/Stewart heirs are entitled to relief; 2) the City violated the Stewart conveyance by permitting
commercial enterprises on the property, and the Jones/Stewart heirs were not precluded from raising
this issue under the doctrine of laches and/or waiver and estoppel; and 3) the district court committed
reversible error in allowing the City to use affidavits and other materials in support of its motion for
summary judgment which were not disclosed until after the discovery period had concluded.
In its cross-appeal, the City argues that the district court committed reversible error by not
finally deciding the question of whether § 15-1-7 and/or § 15-1-13 of the Mississippi Code bar
Shawnee’s claims of specific violations of the restriction against conducting business or commercial
enterprise in Jones Park. The City also argues that the district court erred by failing to cancel
Shawnee’s claims based on the clause prohibiting commercial enterprise as clouds on the City’s title,
and by failing to deem the City to be vested with full and complete title adverse to said claims by
virtue of § 15-1-13 Mississippi Code.
We have read the briefs, heard the arguments of counsel, and consulted the pertinent portions
of the record. On the basis of the applicable law and the summary judgment record, we affirm the
district court’s judgment for essentially the same reasons as those given by the district court.
AFFIRMED.

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