Mathis v. City of Greenville

724 So. 2d 1109, 1998 WL 881790
CourtCourt of Appeals of Mississippi
DecidedDecember 18, 1998
Docket97-CA-00514 COA
StatusPublished
Cited by7 cases

This text of 724 So. 2d 1109 (Mathis v. City of Greenville) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathis v. City of Greenville, 724 So. 2d 1109, 1998 WL 881790 (Mich. Ct. App. 1998).

Opinion

724 So.2d 1109 (1998)

Paul MATHIS, Jr., Elmertha Burton Mathis, William Noel Harris, Individually and on Behalf of a Class of Claimants Who Filed Objections to the Action Taken by the City Council, Appellants,
v.
CITY OF GREENVILLE, Appellee.

No. 97-CA-00514 COA.

Court of Appeals of Mississippi.

December 18, 1998.

*1110 William Noel Harris, Johnnie E. Walls, Jr., Attorneys for Appellants.

G. Kenner Ellis, Jr., Attorney for Appellee.

BEFORE THOMAS, P.J., DIAZ AND SOUTHWICK, JJ.

THOMAS, P.J., for the Court:

¶ 1. This case comes to the Court on appeal from the Circuit Court of Washington County. Paul Mathis is a resident of Tampa Drive and its contiguous and/or adjoining streets in the City of Greenville. Mathis appeals from a judgment entered on April 15, 1997 by the Circuit Court of Washington *1111 County affirming the Greenville City Council's decision of August 20, 1996, removing the "No Thru Truck" traffic restriction on Tampa Drive, thereby reopening the "Farm-to-Market" route for commercial trucks. Feeling aggrieved, Mathis raises the following issues:

I. THE DECISION OF THE GREENVILLE CITY COUNCIL TO REMOVE THE "NO THRU TRUCK TRAFFIC" SIGNS WAS ARBITRARY, CAPRICIOUS AND NOT BASED UPON SUBSTANTIAL EVIDENCE

II. THE DECISION OF THE GREENVILLE CITY COUNCIL WAS ALSO MADE FOR POLITICAL AND/OR PERSONAL REASONS TO ADVANCE/FACILITATE NARROW, PRIVATE INTEREST AT THE EXPENSE OF THE TAMPA DRIVE RESIDENTIAL NEIGHBORHOOD

III. THE GREENVILLE CITY COUNCIL'S DECISION CONSTITUTES AN UNCONSTITUTIONAL TAKING OF PROPERTY RIGHTS AND DIMINUTION OF PROPERTY VALUES WITHOUT DUE PROCESS OF LAW

IV. THE RESULTANT EFFECT OF THE GREENVILLE CITY COUNCIL'S DECISION IS THE IMPOSITION OF SERIOUS THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE PROPERTY OWNERS, RESIDENTS, THEIR CHILDREN AND INVITEES

V. THE DECISION OF THE GREENVILLE CITY COUNCIL CREATED AN IMPERMISSIBLE PUBLIC NUISANCE

VI. WHILE NOT STATED AS SUCH, THE DECISION OF THE CITY COUNCIL CONSTITUTES A REZONING OF PROPERTY AND TAMPA DRIVE AS A COMMERCIAL TRUCK ROUTE

VII. PROHIBITING COMMERCIAL TRUCK TRAFFIC ON RESIDENTIAL CITY STREETS IS VALID AS A MATTER OF LAW

¶ 2. Considering the facts and applicable law, we affirm.

FACTS

¶ 3. On August 20, 1996, the City Council of Greenville conducted a public hearing addressing the issue of reopening the Tampa Road thoroughfare to "Thru Truck Traffic". The thoroughfare was originally intended, designed, and constructed by Washington County as a "farm-to-market" road in the early 1970's. Tampa Drive connects U.S. Highway 82 West with the old Mississippi Highway No. 1.

¶ 4. In 1989, the Tampa Drive area was annexed into the city of Greenville and the development of single family residences along Tampa Drive and its contiguous and/or adjoining streets increased. We note that at some point in time, as it is unclear from the record and briefs, that between the annexation of Tampa Drive in 1989 and the Council's decision on August 20,1996 to remove the restriction, "No Thru Trucks" signs have been erected, then removed, and then replaced during periods of road construction work.

¶ 5. During the August 20, 1996 Council meeting, testimony was given by both those in favor of and in opposition to the lifting of the "No Thru Truck" restriction. After hearing debate and testimony, the Council voted unanimously (6-0) to remove the "No Thru Truck" restriction. From this decision, Mathis filed a Bill of Exceptions in the Circuit Court of Washington County on August 23, 1996. On September 25, 1996, an order was entered, wherein, the parties agreed to submit the issue to the circuit court limited to the record as presented by the Bill of Exceptions, without additional expansion of the record. On April 15, 1997, Judge Sanders issued her Opinion and Order affirming the Council's April 15, 1996 decision to lift the "No Thru Truck" restriction on Tampa Drive.

STANDARD OF REVIEW

¶ 6. Our standard of review for appeals perfected under Miss.Code Ann. § 11-51-75 (1972) is well established. We proceed with a restricted scope of judicial review and are limited to a review of the:

*1112 record made before the [city council], of the testimony made or proffered, to determine whether or not the acts and orders of the [city council] are reasonable and proper or arbitrary or capricious or beyond the power of the [city council] to make or whether they violate any constitutional right of the complaining party.

Riley v. Jefferson Davis County, 669 So.2d 748, 750 (Miss.1996) (quoting Thornton v. Wayne County Election Comm'n, 272 So.2d 298, 301-02 (Miss.1973)).

¶ 7. The party challenging the governing body bears the burden of proof showing that the decision rendered is "arbitrary, capricious, discriminatory, or beyond the legal authority of the city board, or unsupported by substantial evidence." McWaters v. City of Biloxi, 591 So.2d 824, 827 (Miss.1991) (quoting Ridgewood Land Co. v. Moore, 222 So.2d 378, 379 (Miss.1969)); See also Faircloth v. Lyles, 592 So.2d 941, 943 (Miss.1991); Barnes v. Board of Sup'rs, DeSoto County, 553 So.2d 508, 510 (Miss.1989). In addition, our standard of review prevents the substitution of our judgment in place of the council's wisdom and soundness used in reaching their decision. Faircloth, 592 So.2d at 943; Currie v. Ryan, 243 So.2d 48, 52 (Miss.1970). The governing body is free to use "their own common knowledge and familiarity" of the area in making its decision, in addition to the testimony and debate provided at the hearing. Faircloth, 592 So.2d at 943. So long as the governing body's decision is "fairly debatable," we are without authority to supplant the municipality's legislative action. McWaters, 591 So.2d at 827.

¶ 8. Finally, in reviewing the governing body's decision we are mindful that: "`fairly debatable' is the antithesis of arbitrary and capricious. If a decision is one which could be considered `fairly debatable,' then it could not be considered arbitrary or capricious...." City of Biloxi v. Hilbert, 597 So.2d 1276, 1281 (Miss.1992) (quoting Saunders v. City of Jackson, 511 So.2d 902, 906 (Miss.1987)). With this standard in mind, we now address the issues.

ANALYSIS

I.

THE DECISION OF THE GREENVILLE CITY COUNCIL TO REMOVE THE "NO THRU TRUCK TRAFFIC" SIGNS WAS ARBITRARY, CAPRICIOUS AND NOT BASED UPON SUBSTANTIAL EVIDENCE

¶ 9. Mathis argues that the Council's August 20, 1996 decision to remove the "No Thru Truck" restriction on Tampa Drive was arbitrary, capricious and not based upon substantial evidence. Mathis maintains that the Council's decision failed to properly consider the negative impact the removal of the "No Thru Truck" restriction would have on the Tampa Drive residential neighborhood. Specifically, Mathis contends that the Council's decision fails to provide the Tampa Drive residents the same "sensible and favored" treatment as has been given other neighborhoods under similar circumstances.

¶ 10. Mathis points to a video tape of the August 20, 1996 meeting as support for his argument that the Council's decision was arbitrary, capricious and not based on substantial evidence. We have made a careful review of the evidence, including the meeting video tape, and have limited our review as such, to that which was presented before the Greenville City Council during the August 20, 1996 meeting.

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Bluebook (online)
724 So. 2d 1109, 1998 WL 881790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-city-of-greenville-missctapp-1998.