City of Houston v. Tri-Lakes Ltd.

681 So. 2d 104, 1996 WL 515603
CourtMississippi Supreme Court
DecidedSeptember 12, 1996
Docket93-CA-00393-SCT
StatusPublished
Cited by10 cases

This text of 681 So. 2d 104 (City of Houston v. Tri-Lakes Ltd.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Houston v. Tri-Lakes Ltd., 681 So. 2d 104, 1996 WL 515603 (Mich. 1996).

Opinion

681 So.2d 104 (1996)

CITY OF HOUSTON, Mississippi
v.
TRI-LAKES LIMITED and Joseph Phillip Yarbrough.

No. 93-CA-00393-SCT.

Supreme Court of Mississippi.

September 12, 1996.

James S. Gore, Houston, for appellant.

Kenneth M. Burns, Okolona, for appellee.

Before SULLIVAN, P.J., and PITTMAN and BANKS, JJ.

*105 SULLIVAN, Presiding Justice, for the Court:

On July 31, 1992, Jerrell Dearman filed an affidavit with the City of Houston. The affidavit alleged that:

on or about the 30th day of July, 1992, Joseph Phillip Yarbrough did in said City, unlawfully operate an industrial enterprise, to-wit: Tri-Lakes Limited, a Limited Partnership, engaging in the processing of cotton and the manufacturing of products therefrom in a C-3 Highway Commercial Zone as established and defined by the Zoning Ordinance of said City against the peace and dignity of said City.

Soon thereafter, on August 7, 1992, Yarbrough was charged, arraigned, and convicted of the crime alleged in Dearman's affidavit. Yarbrough was ordered to pay a fine of one hundred dollars.

Yarbrough appealed to the Circuit Court of Chickasaw County. On March 4, 1993, Yarbrough moved the circuit court for a dismissal claiming that, under the Mississippi Code and ordinances of the City of Houston, Dearman did not have standing to initiate criminal proceedings against him for zoning ordinance violations. Yarbrough's motion was heard by the circuit court on March 15, 1993. On March 17, 1993, the circuit court sustained Yarbrough's motion and dismissed the charges and judgment against him.

On appeal to this Court, the arguments of the parties remain the same. Houston contends that a private party may initiate criminal proceedings for zoning ordinance violations. Yarbrough contends that a private party may not initiate criminal proceedings for zoning ordinance violations because neither the Mississippi Code nor Houston ordinances expressly grant private citizens such right and traditionally, zoning boards and other city representatives have been the only parties capable of initiating such actions.

The issue before this Court is one of first impression. While we have dealt with writs of mandamus and the initiation of civil actions as they pertain to the enforcement of zoning ordinances, never have we decided who indeed has standing to be able to properly initiate criminal proceedings for the violation of a zoning ordinance.

First and foremost, it must be noted that the statute at issue today, Miss. Code Ann. § 17-1-19 (1972) is ambiguous.[1] Thus, we must rely upon the rules of statutory construction and the decisions of other jurisdictions to reach a wise decision. The statute provides:

§ 17-1-19. Remedies of local governing authorities.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land, is used in violation of the zoning law or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of any county or municipality, in addition to other remedies, may institute any appropriate action or proceedings, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

Miss. Code Ann. § 17-1-19 (1972).

"In construing statutes, not only the language but the purpose and policy which the Legislature has in view must be considered, and the Court in construing a statute will give effect to such purpose and policy... ." Sheffield v. Reece, Sheriff, 201 Miss. 133, 143, 28 So.2d 745, 749 (1947) (citing Smith v. Chickasaw County, 156 Miss. 171, 179, 125 So. 96, 98 (1929)). See also McCullen v. State ex rel. Alexander for Use of Hinds County, 217 Miss. 256, 270, 63 So.2d 856, 861 (1953). "In construing statutes, the chief desire of the courts is to reach the real intention of the Legislature, and knowing this to adopt that interpretation which will meet the real meaning... ." Zeigler v. Zeigler, 174 Miss. 302, 310, 164 So. 768, 770 (1935). See also McCullen, 217 Miss. at 270-71, *106 63 So.2d at 861. "Legislative intent as an aid to statutory construction, although often elusive to the perception of unaided vision, remains nevertheless the pole star of guidance." Quitman County v. Turner, 196 Miss. 746, 759, 18 So.2d 122, 124 (1944). See also McCullen, 217 Miss. at 271, 63 So.2d at 861.

Notwithstanding the general rule against the enlargement or extension of a statute by construction, the meaning of a statute may be extended beyond the precise words used in the law, and words or phrases may be altered or supplied, where this is necessary to prevent the law from becoming a nullity.

50 Am. Jur. Statutes § 357 (1944) See also McCullen, 217 Miss. at 272, 63 So.2d at 861.

The purpose behind the imposition of zoning ordinances and their enforcement can be seen in the Mississippi Code. Section 17-1-3 provides: "For the purpose of promoting health, safety, morals, or the general welfare of the community... ." Miss. Code Ann. § 17-1-3 (1972). Section 17-1-9 provides:

§ 17-1-9. Purposes in view.
Zoning regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to aviod [sic] undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout such municipality.

Miss. Code Ann. § 17-1-9 (1972). With respect to these provisions, neither party attempts to argue, one way or the other, why a private party's standing to initiate criminal proceedings to enforce zoning ordinances could or could not aid or help in the achievement of these purposes or goals. Furthermore, we have yet to speak on these purposes and whether a private party could assist in their furtherance. Thus, this Court sees no reason why a private party's participation in the criminal enforcement of zoning ordinances would not further the statutory purposes and legislative intent as provided in the Mississippi Code. However, this is not the be all and end all of this Court's inquiry as other rules of statutory construction and the law of other jurisdictions must be considered before a conclusion is reached on such a delicate issue.

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Bluebook (online)
681 So. 2d 104, 1996 WL 515603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-houston-v-tri-lakes-ltd-miss-1996.