Riverside Traffic Sys., Inc. v. Bostwick
| Docket Number: | 2009-CA-00710-COA Linked Case(s): 2009-CA-00710-COA ; 2009-CT-00710-SCT ; 2009-CT-00710-SCT ; 2009-CT-00710-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-01-2011 Opinion Author: Judge Griffis Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Real property - Change in zoning map - Untimely challenge Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, 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: 03-28-2009 Appealed from: UNION COUNTY CIRCUIT COURT Judge: HENRY L. LACKEY Disposition: FOUND IN FAVOR OF THE SURROUNDING PROPERTY OWNERS (APPELLEES HEREIN), HOLDING THAT PROPER NOTICE WAS NEVER ADEQUATELY GIVEN TO REZONE THE LAND Case Number: CV2008-280 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Riverside Traffic Systems, Inc., Lehman-Roberts Company and Booker Farr |
KATHRYN H. HESTER, EDWARD PATRICK LANCASTER, ANTHONY RHETT WISE |
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| Appellee: | Robin Bostwick, Eric Frohn, Allen Maxwell, Herbert G. Rogers, III and Ray T | WILLIAM O. RUTLEDGE III, LAURANCE NICHOLAS CHANDLER ROGERS | ||
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 - Change in zoning map - Untimely challenge |
| Summary of the Facts: | Robin Bostwick, Eric Frohn, Allen Maxwell, Herbert G. Rogers III, and Ray Tate filed a petition asking the City of New Albany to correct its zoning map to show that the subject property is zoned for agricultural use instead of industrial use. The City denied the petition, found that there was no mistake in the zoning, and found that the property was legally zoned for industrial use. The City’s decision was appealed, and the circuit court ruled that the City’s decision was arbitrary and capricious. The City was ordered to amend its zoning records to indicate that the property is presently zoned agricultural. Lehman-Roberts Company and Booker Farr intervened in the action and now appeal the circuit court’s judgment. |
| Summary of Opinion Analysis: | The record is not clear as to how the subject property was initially rezoned from agricultural to industrial use. It is undisputed that the change in zoning was reflected on the City’s official zoning map in 1997. Since then, the property has been zoned industrial use. In 2001, the City’s current zoning map was adopted. The 2001 map, like the 1997 map, indicates that the subject property is zoned industrial use. In 2008, the appellees challenged the adoption of the 2001 zoning map. This challenge is untimely. Therefore, the appellees are now estopped from bringing the challenge. Although the appellees’ challenge cited technical failings in the adoption of the zoning map, these alleged technical failings are insufficient to invalidate the City’s official zoning map that has been relied upon by the City and the property owner for many years. |
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