Ladner v. Hancock County
| Docket Number: | 2003-CA-01892-COA Linked Case(s): 2003-CT-01892-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Zoning - Building permit - Section 17-1-3 Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-04-2003 Appealed from: Hancock County Chancery Court Judge: Margaret Alfonso Disposition: CHANCERY COURT’S PRELIMINARY INJUNCTION IS SOUND AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL LADNER COMES INTO COMPLIANCE WITH THE COUNTY ZONING ORDINANCES AND FLOOD PLAIN MANAGEMENT REQUIREMENTS. Case Number: 2002-746-2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JERRY LADNER D/B/A JERRY LADNER
CONSTRUCTION |
DALE ROBINSON |
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| Appellee: | HANCOCK COUNTY, MISSISSIPPI | RONALD J. ARTIGUES JEANNE WILLIAMS BAXTER |
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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: | Zoning - Building permit - Section 17-1-3 |
| Summary of the Facts: | Jerry Ladner initiated construction of a residence on a previously undeveloped twenty-five acre parcel of land on Lower Bay Road in the unincorporated parts of Hancock County. This parcel of land was zoned A-1, agricultural, at the time of Ladner’s construction. Prior to commencing his building activities, Ladner did not obtain any certificates or permits from the County. The County attempted to bring Ladner into compliance with its ordinance and regulations by posting four stop-work orders on his property. When these attempts failed, the County filed a complaint for injunctive relief requesting that a preliminary injunction be entered to enjoin Ladner from constructing the residence without first obtaining the appropriate permits. Ladner filed an answer and counterclaim. The court issued a judgment ordering that a preliminary injunction be issued to enjoin Ladner from continuing his construction of the residence on the property in question until such time that he obtained all necessary certificates and permits. The County later filed a motion for contempt and request to show cause against Ladner, alleging that he had failed and refused to comply with the court’s judgment. The parties subsequently entered into an agreed judgment temporarily resolving the issues in dispute, and Hancock County’s motion for contempt and request to show cause against Ladner was voluntarily dismissed without prejudice. After a trial on the merits, the court held that its prior preliminary injunction should remain in full force and effect until such time as Ladner complies with the Hancock County Zoning Ordinance and Flood plain Management Regulations. Ladner appeals. |
| Summary of Opinion Analysis: | Ladner argues that section 17-1-3 creates an exception to Hancock County’s authority to promulgate building and zoning regulations, because he plans to use the residence as a part of the agricultural purposes of the property. The language of the statute clearly indicates that a county may require building permits for the construction of buildings for residence. The statute does not qualify the County’s ability to regulate the construction of a building of residence with regard to the particular zoning classification of the land upon which the residence is to be constructed. Therefore, a county has the authority to regulate the construction of a building of residence within the unincorporated part of the county, notwithstanding the zoning classification of the land upon which the residence is to be constructed. |
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