Miss. Manufactered Housing Ass'n. v. City of Canton
| Docket Number: | 2002-CA-02092-SCT | |
| Oral Argument: | 02-04-2004 | |
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| Supreme Court: | Opinion Link Opinion Date: 04-15-2004 Opinion Author: Waller, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Zoning - Standing of association Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 11-27-2002 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: Dismissed MMHA's bill of exceptions. Case Number: CI-2001-0276 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Manufactured Housing Association |
POWELL G. OGLETREE, JR |
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| Appellee: | Board of Aldermen of The City of Canton, Mississippi | WESLEY THOMAS EVANS |
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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 - Standing of association |
| Summary of the Facts: | The Mississippi Manufactured Housing Association filed a bill of exceptions appealing the decision of the Board of Aldermen of the City of Canton to adopt a zoning ordinance and map restricting manufactured housing developments in the City. The court dismissed MMHA's bill of exceptions, finding that MMHA did not have standing to challenge the Board's decision. MMHA appeals. |
| Summary of Opinion Analysis: | Under the federal rule, an association has standing to bring suit on behalf of its members when its members would otherwise have standing to sue in their own right, the interest it seeks are germane to the organization's purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. MMHA asserts that one of its members owns property and manages a retail manufacturing housing center in the City of Canton. Therefore, the first federal test factor is satisfied. There is no doubt that MMHA's challenge to the City's zoning restrictions is of importance to MMHA's members, since the zoning ordinance will likely diminish business for its members. When an association seeks only prospective relief and raises only issues of law, it need not prove the individual circumstances of its members to obtain that relief. Therefore, the third element of associational standing is met. Thus, the court erred in dismissing MMHA's bill of exceptions for lack of standing. HOLDING: Reversed and remanded. |
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