Pecan Factory issue settled
Published 9:54 pm Tuesday, March 6, 2007
The Mississippi Attorney General’s Office and the city reached a settlement Monday in the litigation over the demolition of the old Natchez Pecan Shelling Factory.
In the order of dismissal issued Monday, the city acknowledges it was required to obtain a permit before demolishing the building.
“While the city maintains that it acted in the best interest of the public, and while the city believed at the time it demolished the factory that it had the legal right to do so,” they admit they needed a permit, the order reads.
In the order the city agrees to abide by the antiquities law and not change the site without a permit from Mississippi Department of Archives and History.
The department issued a permit to the city Feb. 22 to remove the debris, but it requires the city not disturb the earth underneath the rubble and that an archeologist be involved in the removal.
The case was dismissed with prejudice, meaning it can never be filed again.
The settlement addresses the temporary restraining order the attorney general’s office filed on behalf of the Mississippi Department of Archives and History. Mayor Phillip West signed an executive order to have the state landmark-designated pecan factory demolished Feb. 8, citing health and safety concerns. The MDAH required the city apply for a permit to demolish the building and meet certain criteria before it did.
“This basically means the issue is behind us and we are in a position to move forward regarding the removal of the debris,” West said Monday. “I believe there has been too much of an issue and too much red tape in terms of us moving forward to take care of our responsibility to the citizens of Natchez.”
West said when the rubble would be removed would depend on how soon they could get an archeologist and meet other requirements of the permit.
In a statement issued by the attorney general’s office Monday, Deputy Attorney General Mike Lanford said the state’s antiquities law protects Mississippi landmarks from actions of private citizens or local governments.
“The city jumped the gun in demolishing the building before the permit process had been completed,” he said in the statement.
Lanford said by phone Monday he couldn’t comment on any future criminal action that might be taken against the city as a result of the factory’s demolition. “No criminal action is being filed right now,” Lanford said.