Mayor and Bd. of Aldermen v. EST. OF LEWIS

963 So. 2d 1210, 2007 WL 1248511
CourtCourt of Appeals of Mississippi
DecidedMay 1, 2007
Docket2005-CC-00361-COA
StatusPublished
Cited by9 cases

This text of 963 So. 2d 1210 (Mayor and Bd. of Aldermen v. EST. OF LEWIS) 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
Mayor and Bd. of Aldermen v. EST. OF LEWIS, 963 So. 2d 1210, 2007 WL 1248511 (Mich. Ct. App. 2007).

Opinion

963 So.2d 1210 (2007)

MAYOR AND BOARD OF ALDERMEN, City of Ridgeland, Mississippi, Shadowood/Wendover Homeowners' Association And Central Ridgeland Homeowners' Association, Appellants,
v.
The ESTATE OF M.A. LEWIS and Richard Wayne Parker, Appellees.

No. 2005-CC-00361-COA.

Court of Appeals of Mississippi.

May 1, 2007.

*1211 Jerry L. Mills, Carolyn B. Mills, James Gabriel, Cassandra Burney Walter, Ridgeland, attorneys for appellants.

Glenn Gates Taylor, Robert L. Goza, D. James Blackwood, Jr., Christy M. Sparks, Ridgeland, attorneys for appellee.

EN BANC.

ON MOTION FOR REHEARING

MYERS, P.J., for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶ 2. At issue in this case is the zoning of a fourteen-acre tract of land located on the corner of Lake Harbor Drive and Pear Orchard Road in Ridgeland, Mississippi. The Estate of M.A. Lewis and Richard Wayne Parker (Lewis-Parker) petitioned the Ridgeland Planning Commission to have this tract of land rezoned from a single-family residential classification (R-2) to a restricted commercial classification (C-1); however, this petition was denied. Lewis-Parker appealed the Commission's decision to deny the petition for rezoning to the Mayor and Board of Aldermen of *1212 the City of Ridgeland (Mayor and Board of Aldermen), but the petition was denied at this level, as well. On appeal to the Circuit Court of Madison County, the decision to deny the petition for rezoning was reversed.[1] The Mayor and Board of Aldermen, the Shadowood/Wendover Homeowners' Association, and Central Ridgeland Homeowners' Association (collectively referred to as the Mayor and Board of Aldermen), now appeal the circuit court's reversal, raising the following issues:

I. WHETHER THE CIRCUIT COURT SHOULD HAVE REVERSED THE DECISION OF THE MAYOR AND BOARD OF ALDERMEN TO DENY THE REZONING APPLICATION AS ARBITRARY, UNREASONABLE, CAPRICIOUS, AND NOT "FAIRLY DEBATABLE" WHERE THE APPLICANT FOR REZONING FAILED TO SHOW BY CLEAR AND CONVINCING EVIDENCE A CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD OR A PUBLIC NEED FOR REZONING?
II. WHETHER THE CIRCUIT COURT SHOULD HAVE REVERSED THE DECISION OF THE MAYOR AND BOARD OF ALDERMEN TO DENY THE REZONING APPLICATION AS ARBITRARY, UNREASONABLE, CAPRICIOUS, AND NOT "FAIRLY DEBATABLE" WHERE THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP DESIGNATED THE SUBJECT PROPERTY FOR RESIDENTIAL USE?
III. WHETHER THE CIRCUIT COURT SUBSTITUTED ITS JUDGMENT FOR THE GOVERNING AUTHORITIES' IN MAKING A LEGISLATIVE DETERMINATION REGARDING A ZONING MATTER?

¶ 3. Finding a portion of the order of the circuit court to be in error, we reverse in part and render judgment in favor of the Mayor and Board of Aldermen.

STATEMENT OF FACTS

¶ 4. Beginning in early 1999, the Planning Commission began assessing and evaluating the City's Comprehensive Plan for the purpose of adopting a new zoning plan, scheduled to become effective July 1, 2000.[2] On October 25, 1999, Lewis-Parker petitioned the Planning Commission to rezone a parcel of property, located on the corner of Lake Harbor Drive and Pear Orchard Road, from its single-family residential (R-2) designation under the plan then in effect to a restricted commercial (C-1) designation under the proposed plan, with the intention of developing a professional office park. However, the Planning Commission voted unanimously to deny the request and the tract of land retained the R-2 classification.

¶ 5. On November 14, 2000, Lewis-Parker filed its petition to rezone the property *1213 at issue from R-2 to C-1 with the Mayor and Board of Aldermen. A public hearing on the petition was held on November 28, 2000, and continued on February 6, 2001. At the public hearing held on November 28, 2000, homeowners Cain Baskin, Elton Holloway, Darryl Smith, and David Stutt all testified on their own behalf and on behalf of their respective homeowners' associations. The homeowners introduced neighborhood petitions and letters from other homeowners in opposition to the rezoning of the Lewis-Parker tract of land. Concerns against rezoning the parcel of property from a residential zone to a commercial zone were voiced by the homeowners regarding the potential for an increase in crime, the potential decrease of their home values, and the resulting increase in traffic and odors. Homeowner Holloway testified in opposition to the Lewis-Parker petition that there was "a lot" of commercial land available between Lake Harbor and County Line Road. Lewis-Parker presented testimony and exhibits in support of granting its petition regarding the changes that had occurred in nearby areas and in support of a public need for the property's commercialization. At the public hearing that was continued on February 6, 2001, homeowners Cassandra Walter and Alex Moore Ross testified on their own behalf and on behalf of their homeowner associations against the granting of the Lewis-Parker petition to rezone the tract of land to commercial classification. Lewis-Parker presented supplemental evidence in support of the petition for rezoning. At the close of this meeting, over Lewis-Parker's objections, the Mayor and Board of Aldermen adopted the new Comprehensive Plan and Zoning Ordinance, which once again designated the tract as residential. Lewis-Parker then perfected its appeal of the adoption of the Comprehensive Plan, and a hearing on this matter was held on April 17, 2001.

¶ 6. In the meantime, before the hearing was to take place on April 17, 2001, many compromises between Lewis-Parker and the homeowners were attempted, but few were had. At one such meeting taking place on March 1, 2001, Alderman Gerald Steen asked the parties of Lewis-Parker and their attorneys to leave the meeting, at which time he spoke ex parte with the homeowners. When the parties and representatives of Lewis-Parker reentered the meeting, they were informed that the homeowners had decided not to negotiate unless the Lewis-Parker petition for rezoning was withdrawn. Negotiations between Lewis-Parker and the homeowners, at this point, came to a standstill and the appeal was publicly heard on April 17, 2001.

¶ 7. At the hearing on April 17, 2001, arguments were presented once again by counsel for both Lewis-Parker and the surrounding neighborhood associations. Public comment in opposition to the Lewis-Parker request for rezoning was also accepted from homeowners Cassandra Walters, Ted Chambers, Darryl Smith and Elton Holloway on their own behalf and on behalf of their homeowners' associations. Lewis-Parker presented evidence of change and public need for commercial land and presented testimony from Urban Planning Consultant Jimmy Gouras, but the homeowners testified that there was ample commercial land available for development other than the Lewis-Parker parcel. Several aldermen and the mayor commented on the record regarding their positions to rezone the property. At the close of the meeting, the Mayor and Board of Aldermen voted six to one to deny Lewis-Parker's petition to rezone the tract of land from its designation as R-2 to C-1.

*1214 ¶ 8. Following the Mayor and Board of Aldermen's decision to deny Lewis-Parker's petition to rezone, the matter was appealed to the Circuit Court of Madison County.

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Cite This Page — Counsel Stack

Bluebook (online)
963 So. 2d 1210, 2007 WL 1248511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-and-bd-of-aldermen-v-est-of-lewis-missctapp-2007.