Favre v. Hancock County Board of Supervisors
| Docket Number: | 2009-CA-00764-COA | |
| Oral Argument: | 10-07-2010 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-25-2011 Opinion Author: Lee, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Real property - Specific findings - Yacht club - Conditional-use permit - Adequate access Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 04-03-2009 Appealed from: Hancock County Circuit Court Judge: HON. JERRY O. TERRY SR. Disposition: Affirmed Board of Supervisors' Decision to Approve Conditional-Use Permit and Site Plan Case Number: 08-0368 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Scott Favre and Jefferson Parker |
ROBERT B. WIYGUL |
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| Appellee: | Hancock County Board of Supervisors and Jourdan River Estates, LLC | RONALD J. ARTIGUES JR., PATRICK W. KIRBY, HENRY LAIRD, SAMUEL TRENT FAVRE |
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| Appellee #2: | ||||
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| Topic: | Real property - Specific findings - Yacht club - Conditional-use permit - Adequate access |
| Summary of the Facts: | Jourdan River Estates owns two-hundred-and-sixty-nine acres in Kiln, which is located in Hancock County. The property in question is accessed by way of Nicola Road, which is located north of Interstate 10 directly off of Highway 603. There is another entrance to the Jourdan River property off of Crump Road, which is also directly off of Highway 603. In early 2007, Jourdan River submitted a proposal to the Hancock County Planning and Zoning Commission requesting rezoning of the property from A-1 General Agricultural to a Waterfront Special Use District. Jourdan River planned to develop a 1,000-unit condominium complex and a 130-slip marina. The Commission approved Jourdan River’s request, but two local property owners, Scott Favre and Jefferson Parker, appealed this decision to the Hancock County Board of Supervisors. The Board then denied Jourdan River’s request. In early 2008, Jourdan River resubmitted its plans to the Commission for approval. The new plans, which did not call for rezoning, reduced the number of condominium units from 1,000 to 472, and it changed the marina to a yacht club. The yacht club included construction of a three-to-five-acre yacht basin. Under A-1, condominiums require planning commission approval, but a yacht club is considered a “permitted use by right.” After a hearing on the matter, the Commission unanimously approved Jourdan River’s proposal. Parker appealed to the Board. The Board approved the plan, subject to several conditions, the most significant that the Hancock County Engineer approve the plans for the road providing ingress and egress for the development. Parker subsequently filed a bill of exceptions in circuit court which affirmed the Board’s decision. Parker appeals. |
| Summary of Opinion Analysis: | Issue 1: Specific findings Parker argues that the Court should reverse and remand this case for the Board to make specific findings supporting its decision. The absence of findings does not necessarily warrant reversal as long as the record shows that the Board’s decision was supported by substantial evidence. Issue 2: Yacht club Parker argues that Jourdan River’s 2008 application simply relabeled the marina as a yacht club/yacht basin in order to meet the zoning requirements under A-1. According to the local zoning ordinances, a marina is defined as “a boat basin, harbor or dock, with facilities for berthing and servicing boats, including bait and fishing tackle shop and eating establishments.” Neither yacht club nor yacht basin is defined in the zoning ordinance. Jourdan River contends that the yacht club is private and will not permit fueling or repair services on the premises. From the record, it is clear that the Commission and the Board concluded that a yacht club includes a basin to dock boats and access to and from this area. This issue is without merit. Issue 3: Adequate access Parker argues that the Board’s decision to grant the conditional-use permit for the condominiums was not supported by substantial evidence. Specifically, Parker argues that Jourdan River failed to prove that the project would have sewer and water service and that there was adequate access to the area. According to testimony presented by Jourdan River at the time of the hearing before the Board, the property already had a water line running toward it. Although sewer and water service is only one of the factors to consider when approving a conditional-use permit, there was substantial evidence in the record to support the Board’s decision. In regard to the access issue, Parker argues that the Board did not make the required findings regarding access to the development. The Board’s decision to grant the conditional-use permit subject to certain restrictions is tantamount to a finding of fact that all questions were answered and found in favor of Jourdan River. This issue is without merit. |
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