Gillis v. Shariff
| Docket Number: | 2002-CP-01289-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-02-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Rezoning Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Southwick, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 08-02-2002 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: Mike Smith Disposition: AFFIRMED CITY BOARD’S DECISION TO REZONE PROPERTY FROM RESIDENTIAL TO COMMERCIAL Case Number: 98-0133(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | NORMAN B. GILLIS, JR. |
NORMAN B. GILLIS, JR. (PRO SE) |
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| Appellee: | CITY OF McCOMB AND SAMI SHARIFF | SAMI SHARIFF (PRO SE) |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Rezoning |
| Summary of the Facts: | Norman Gillis owned a one acre tract of land which he sold to Sami Shariff pursuant to Shariff's representation that he wanted the land to construct a residence for himself and family. The tract is located adjacent to two residential apartment complexes which are owned by Gillis. Almost immediately after the purchase, Shariff filed a petition with the City of McComb for a change in the zoning of the property from R-PL planned residential to C-2 highway commercial. The Board of Mayor and Selectmen of the City of McComb passed an ordinance amending its land use regulation ordinance to change the zoning designation of the tract to C-2. Gillis appealed to circuit court which affirmed. Gillis appeals. |
| Summary of Opinion Analysis: | Gillis argues that the Board’s rezoning order was unreasonable, arbitrary, capricious, and void, because the Board failed to make any findings concerning any of the prerequisites for changing zoning designations. Before a zoning board may reclassify property from one zone to another there must be proof that either there was a mistake in the original zoning, or that the character of the neighborhood has changed to such an extent as to justify reclassification and there was a public need for rezoning. An appellate court will not reverse for a lack of specific findings by the trial court where a factual basis for the action is disclosed. In this case, all parties agreed that no mistake was made in the initial zoning decision. Testimony of the director of inspection and zoning for the City of McComb clearly and convincingly established the appropriateness of the Board’s decision to rezone the subject property. Although there were other witnesses who gave contrary testimony, such conflicting testimony only means that the issue was fairly debatable. Therefore, there was a sufficient factual basis for the Board's actions to warrant the conclusion that the decision of the Board was fairly debatable and not arbitrary, capricious, or discriminatory. |
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