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Malone v. Leake County Board of Supervisors3/27/2003
NATURE OF THE CASE: DAMAGE CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY
DISPOSITION: AFFIRMED
. This appeal arises from a judgment of the Circuit Court of Leake County, Mississippi, affirming the decision of the Leake County Board of Supervisors (Board) to award the county ambulance contract to H. L. Goolsby d/b/a Carthage Ambulance Service. Aggrieved by the Board's decision, Teresa Malone d/b/a Malone Ambulance Service (Malone) appeals and submits the following issues for this Court's review: (1) whether the circuit court erred in denying Malone a de novo trial under Miss. Code Ann.§ 11-46-1 (Rev. 2002); (2) whether the circuit court erred in its determination that Malone's exclusive remedy is under Miss. Code Ann.§ 11-51-75 (Rev. 2002); and (3) whether the circuit court erred in its holding that the action of the Leake County Board of Supervisors awarding an ambulance contract to Carthage Ambulance Service was not an ultra vires act.
FACTS
. Malone Ambulance Service and Carthage Ambulance Service are privately owned companies located in the City of Carthage, Mississippi. After publishing a notice requesting proposals for the county ambulance contract, the Board received proposals from Malone and Goolsby. On October 16, 2000, the Board entered an order awarding the contract to Carthage Ambulance Service. Malone filed an action for a preliminary injunction and other relief in the Chancery Court of Leake County on October 27, 1999. The chancery court entered an order on December 16, 1999, transferring the matter to the Circuit Court of Leake County. An agreed order of dismissal was entered by the circuit court on August 31, 2000, pursuant to Rule 41(a)(2) of the Mississippi Rules of Civil Procedure. Malone filed a tort action on January 23, 2001, against the Leake County Board of Supervisors for contracting with H. L. Goolsby, d/b/a Carthage Ambulance Service to provide ambulance service for Leake County and challenged its decision to extend and renew the contract to Carthage Ambulance Service. The circuit court found that
he action of the Leake County Board of Supervisors, dated January 16, 2001, wherein it awarded the contract for ambulance service for Leake County to H.L. Goolsby, d/b/a Carthage Ambulance Service, be, and the same is hereby affirmed, and that the Complaint of Teresa Malone, dba Malone Ambulance Service, be, and the same is hereby dismissed Malone filed a timely notice of appeal on January 23, 2002.
DISCUSSION
. The standard of review for the findings of a Board of Supervisors regarding the adequacy of ambulance service through private concerns is the same as for other inferior tribunals. See Cook v. Bd. of Supervisors of Lowndes County, 571 So.2d 932, 936 (Miss. 1990). This Court may only reverse an action of the Board if it is arbitrary and capricious, or is not supported by substantial evidence. Id. Furthermore, this Court may reverse the findings of the circuit court where those findings fail to survive scrutiny under a like standard of review. Id.
. Malone argues that the circuit court erred in affirming the Board's action approving the ambulance contract in favor of Carthage Ambulance Service in violation of Miss. Code Ann. § 41-55-7(1). In addition, Malone asserts that because the Board made no finding that Malone was not an adequately run private ambulance service, it acted erroneously in inviting bids and subsequently entering into a contract with another ambulance service provider. Stated another way, Malone contends the statute compels the Board to only contract with Malone so long as it continues to qualify as an adequately run private ambulance service.
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