City of Jackson v. May

193 So. 2d 555, 1967 Miss. LEXIS 1547
CourtMississippi Supreme Court
DecidedJanuary 3, 1967
DocketNos. 44285-44287, 44157
StatusPublished
Cited by2 cases

This text of 193 So. 2d 555 (City of Jackson v. May) 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 Jackson v. May, 193 So. 2d 555, 1967 Miss. LEXIS 1547 (Mich. 1967).

Opinion

PATTEESON, Justice:

These appeals arise from four separate-zoning actions initiated before the City Council of Jackson, Mississippi. The various landowners filed separate applications with the city council to have their respective properties rezoned from residential to commercial use. These applications were' considered simultaneously by the council,' and on November 9, 1965, separate orders' were issued denying the applications to rezone the properties. The. applicants appealed these cases to the Circuit Court of [556]*556Hinds County where they were simultaneously heard. The circuit court reversed the order of the city council and ordered that the property be rezoned from residential to commercial. From the orders of the circuit court reversing those of the city council these appeals are prosecuted and by agreement are consolidated for this hearing.

The property involved is in the triangle formed by the southern boundary of Highland Village Shopping Center, which shopping center abuts Northside Drive on the north; a frontage road to the west which abuts Interstate Highway No. 55 to its west; and Old Canton Road to the east. The property owned by Morgan and Fowler contains 9.63 acres, all of which is undeveloped. This property abuts Highland Village Shopping Center to the north, Old Canton Road to the east, a frontage road on the west and the property of Mrs. E. A. May and Shamrock Hill Subdivision to the south.

The property of Mrs. E. A. May comprises .85 acres which fronts on Old Canton Road to the east and borders the Morgan and Fowler property on the north and west, and Shamrock Hill Subdivision to the south. jThis property is an undeveloped vacant lot.

To the south of these properties is located Shamrock Hill Subdivision which comprises the remainder of the property in the triangle and upon which are located the homes of the remainder of the applicants.

In November 1958 the Zoning Committee of Hinds County was petitioned to rezone the northern 300-foot tract bordering Northside Drive on which is now situated Highland Village Shopping Center. Although the petition was opposed by adjacent landowners, the property was nevertheless rezoned commercial. Thereafter, ■on November 30, 1959, the predecessors in title of Morgan and Fowler initiated the first of several attempts to rezone the property immediately south of and adjacent to the 300-foot tract constituting Highland Village Shopping Center. This rezoning petition was denied.

On March 17, 1960, the City of Jackson extended its limits to the north and this property, as well as that adjacent to it, was included therein. Since this property was residential in character at the time of annexation, it was thereafter classified as residential by the city.

In May 1960 the predecessors in title of Morgan and Fowler again petitioned to rezone the property, and though the zoning committee recommended a commercial classification to the city council, the council nevertheless denied the application. This application resulted in litigation in the chancery court by way of injunction with the ultimate result that the order of the city council was upheld.

In October 1961 a third application for rezoning of the same property was filed with the zoning committee requesting that the same be rezoned commercial so that it could be utilized for the construction of a mall-type shopping center. The zoning committee recommended that the property remain residential, and no appeal was taken to the city council from this advisory ruling.

On December 12, 1962, Morgan and Fowler, who had acquired the controversial property, initiated a request for a rehearing for the purpose of rezoning the land in question from residential to commercial. This application was subsequently withdrawn without hearing.

On September 28, 1964, Morgan and Fowler initiated another request to have the property rezoned. This request was approved by the zoning committee which recommended to the city council a commercial reclassification. This recommendation was rejected by the city council by a two to one vote. The circuit court on appeal from the order of the city council found that the proponents for commercial rezoning had more than met the burden of proof imposed upon them by law and had shown by [557]*557a clear preponderance of the evidence that the highest and best use for the property for both the individual owners and the City of Jackson would be a commercial rating. It reversed the order of the council as being arbitrary and unreasonable and rezoned the property from residential to commercial.

Throughout the previous hearings concerning the rezoning of the property in this triangle, the owners of the residences in Shamrock Hill Subdivision have opposed the rezoning of any of the property. In the instant dispute, however, the owners of each of the lots in said subdivision have also applied to have their property rezoned and have opposed the application of Morgan .and Fowler only in the event that their own applications for rezoning should be denied. This, of course, signifies their understandable desire not to be the last residential property owners in the triangle. The May property has not heretofore been involved in the hearings for rezoning, and, in fact, the owners have never before taken any affirmative action to have any of the properties in the vicinity declared commercial. However, Mrs. May now requests that her .85 acres be rezoned commercial.

The protestants are landowners across Old Canton Road to the east of the properties in question. None of the protestants own property within the area sought to be rezoned. The contest is therefore between all the property owners within the triangle who seek reclassification from residential to commercial and the owners and occupants •of expensive and exclusive residential areas east of Old Canton Road. The protestants fear that their properties will be devalued by nearly-adjacent commercial zoning, particularly since their properties are, as stated, extremely desirable and expensive. The protestants submitted evidence to the effect that their property was purchased because •of its residential character and that those who have purchased since these lands were annexed by the city in 1960 relied also upon the city’s residential classification. Additionally, they set forth the increased traffic that would normally flow through the area with the construction of a mall-type shopping center. They contend that this traffic increase would necessarily be hazardous and troublesome to the residents in the area along Old Canton Road since it is one of the major traffic arteries to the city, and as such is already overburdened.

The affidavits of Jack K. Mann and Lewis L. Culley, Sr. for the protestants, both highly qualified in the appraisal of real estate and its best uses, were to the effect that the development of shopping centers does adversely affect adjacent residential property. However, each concluded that the highest and best use for the property sought to be rezoned, so as to least affect the protestants, would be the rezoning of the property as commercial, but limiting the use thereof to multiple-family garden-type apartments.

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Bluebook (online)
193 So. 2d 555, 1967 Miss. LEXIS 1547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-jackson-v-may-miss-1967.