Nichols, et al. v. Madison County Bd. of Supervisors, et al.


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Docket Number: 2005-CA-01479-COA
Linked Case(s): 2005-CA-01479-COA

Court of Appeals: Opinion Link
Opinion Date: 11-14-2006
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Real property - Conditional use - Rezoning
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, AND ROBERTS, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 05-27-2005
Appealed from: MADISON COUNTY CIRCUIT COURT
Judge: William E. Chapman, III
Disposition: AFFIRMED BOARD OF SUPERVISOR’S DECISION TO REZONE A TRACT OF PROPERTY
Case Number: 2004-0091

  Party Name: Attorney Name:  
Appellant: W. MCDONALD NICHOLS, ET AL.




JERRY L. MILLS



 

Appellee: MADISON COUNTY BOARD OF SUPERVISOR AND CANTON PUBLIC SCHOOL DISTRICT EDMUND L. BRUNINI, JOHN W. CHRISTOPHER, ROBERT RICHARD CIRILLI  

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Topic: Real property - Conditional use - Rezoning

Summary of the Facts: The Canton Public School District petitioned the Board of Supervisors of Madison County to amend the Madison County zoning ordinance, the comprehensive zoning plan, and the use district map by rezoning and reclassifying thirty acres of land located in the east one-half of the east one-half of Section 16, Township 9 North, Range 2 East, in Madison County. The School District asserted that it would be in the interest of public safety, health, morals, and well-being for the subject property to be rezoned from an A-1 agricultural district to an SU-1 special use district, and more particularly an educational institutions district. Following a hearing, the Board granted the School District’s petition and adopted an ordinance amending the Madison County Zoning Ordinance. The Board rezoned the property from its previous A-1 agricultural use district classification to SU-1 special use district classification. The Objectors, who are landowners in the neighborhood of the property, filed a bill of exceptions. The circuit court affirmed the Board’s decision, and the Objectors appeal.

Summary of Opinion Analysis: The Objectors argue that, even though the Board’s findings inferred that no true re-zoning was being sought, the Board’s decision constituted a rezoning of the property, rather than a grant of a conditional use, or special exception. In order to obtain a special exception, the applicants must prove by a preponderance of the evidence that they have met the elements/factors essential to obtaining the conditional use permit. In order to obtain rezoning, the applicants must prove that either there was a mistake in the original zoning, or the character of the neighborhood has changed to such an extent as to justify reclassification and there was a public need for rezoning. The Madison County Zoning Ordinance, section 402.11-1, provided that a special use district is created “in order to permit certain uses which, because of their size, institutional nature, transportation function or other unique characteristics, are incompatible with the established zoning districts of the County.” The ordinance further provided that an educational institutions district was a type of special use district. In granting the School District’s petition, the Board merely granted a conditional use, or special exception, as defined by the Madison County Zoning Ordinance. Because the Board’s adoption of the new ordinance amounted to the grant of an exception, rather than a rezoning, the remaining issues involving rezoning matters are now moot.


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