Preview:

IN THE COURT OF APPEALS 7/15/97 OF THE STATE OF MISSISSIPPI

NO. 94-CA-01176 COA

ARBOR STATION IV, L.L.C., AN ALABAMA LIMITED LIABILITY COMPANY APPELLANT v. MICHAEL O. BREWER AND CONCERNED CITIZENS OF LONG BEACH, MISSISSIPPI APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. KOSTA N. VLAHOS COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: GLENN F. RISHEL JR.

ATTORNEYS FOR APPELLEE: CHESTER ALLEN NICHOLSON GAIL D. NICHOLSON NATURE OF THE CASE: ZONING TRIAL COURT DISPOSITION: CIRCUIT COURT OVERTURNED DECISION OF THE MAYOR AND BOARD OF ALDERMAN TO REZONE PROPERTY IN LONG BEACH, MISSISSIPPI CERTIORARI FILED: 10/22/97 MANDATE ISSUED: 12/31/97

EN BANC. McMILLIN, P.J., FOR THE COURT: This case comes before the Court on appeal from the Circuit Court of Harrison County. The case came to that court as an appeal by a group of concerned property owners (hereafter referred to as "the protestors") from a decision by the City of Long Beach on a zoning matter. The Board of Aldermen voted to grant a zoning change affecting approximately twenty-three acres owned by Arbor Station IV, an Alabama limited liability company (hereafter "Arbor Station"), to permit a residential planned unit development for a multi-family housing project. The circuit court, sitting as an intermediate appeals court, determined that the protestors had been denied due process of law in the proceeding and remanded with instructions as to what additional steps would have to be taken before the Board could properly consider and act on the zoning change request. Arbor Station perfected this appeal to the Mississippi Supreme Court and the matter was referred to this Court for decision. I. Preliminary Background

A. Euclidian Zoning Long Beach has a comprehensive zoning ordinance that classifies all property within the city into

various districts. These districts serve to restrict the use of property and the character of improvements that may be erected on a parcel depending on the zone in which the property lies. The ordinance is intended to provide some measure of stability in land use and promote the orderly development of property in accordance with an overall plan for the entire city. Such zoning regulation is permitted by state statute, which suggests such ordinances should be adopted "with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout such municipality." Miss. Code Ann.

Download Arbor Station IV LLC v. Michael O. Brewer.pdf

Mississippi Law