Arguments involving possible violations of the county subdivision and flood plain ordinance by one of two landowner groups will be heard in chancery court, according to a state Supreme Court ruling.

Warren County had been granted a motion in 2007 to transfer its case against Issaquena Warren Counties Land Company from chancery to circuit in order to claim damages. Five justices upheld an earlier decision by the state’s high court saying inspection of the 1,200 acres of land owned by the group for the purpose of enforcing the ordinances is a matter for the chancery system, where the case was pursued civilly between private parties in the first place.

The ruling, issued in December and filed in court records this month, represents the latest in the string of legal maneuvers between Warren County and the landowner groups that includes a suit for damages against the county still pending in federal court.

Supervisors passed two directives Tuesday involving that case and a separate legal matter. Discovery continues by attorney Ken Rector on the racketeering case, while, separately, an adjustment in course is forthcoming involving the Kings Point Ferry’s operating hours.

Supervisors have appealed a separate chancery ruling involving the use of Paw Paw Road, a gravel path off Mississippi 465. Vicksburg-based Chancellor Vicki Roach Barnes ruled in September that about three-fourths of the road is private, including a stretch beyond a gate that has blocked access. The ruling is a component in the federal case also filed in 2007 claiming the board of supervisors and its attorney improperly favored another landowning group, Paw Paw Island Land Company, in its attempt to enforce the ordinances.

PPILC filed suit in 2003 against IWCLC over access to the property. Legal counterclaims by the latter were amended to include the county, saying attempts to enforce county ordinances were an improper use of county power designed to favor one of the private parties over the other.

The northwest Warren County acreage is in a floodplain, where supervisors have authority to regulate all new construction be above normal flood levels. In 2004, the county adopted a subdivision ordinance governing plans for new developments requiring road and drainage plans be submitted for approval by county engineers so the infrastructure can be maintained by the county.

Among other counts, owners of IWCLC claim in the federal case the county’s actions amount to violations under the Racketeering and Corrupt Influences Act. Each of six counts of the federal case seeks $1 million in damages.

A hearing in the federal case is expected in September 2009, before Gulfport-based Magistrate John Roper.

In the ferry matter, supervisors agreed to modify its request of the 15th Chancery District to set a new court order spelling out the vessel’s operating hours.

Board Attorney Randy Sherard said a current motion for temporary injunctive relief will be withdrawn in favor of another one that, if ruled in the county’s favor, would specify deer hunting season for hours of longer daily operation. Currently, the ferry is operating under a 1997 court order mandating 15-hour days.

The ferry case is being handled by Hazlehurst-based Chancellor Ed Patten. Judge Barnes recused herself from the case.

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Contact Danny Barrett Jr. at dbarrett@vicksburgpost.com.