Jackson County Bd. of Supervisors v. Hayes
| Docket Number: | 2010-CA-00116-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-12-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Real property - Rezoning - Change in character of neighborhood - Public need Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, 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: 12-22-2009 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: Reversed the Decision of the Jackson County Board of Supervisors to Rezone Property Case Number: 2009-00035 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jackson County Board of Supervisors |
KATHERINE B. PARKER |
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| Appellee: | Crystal Hayes, Carole Mize and Amber Hesler | DOUGLAS LAMONT TYNES JR. | ||
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 - Rezoning - Change in character of neighborhood - Public need |
| Summary of the Facts: | In 2008, B&B Enterprises requested a change in the zoning of a parcel of land on Dantzler Road in Jackson County. B&B asked for the property to be rezoned from R-1A, single-family dwelling, to R-4, high-density residential. The Jackson County Planning Commission denied the request. B&B appealed the decision Board of Supervisors. At the hearing before the Board, B&B downgraded its request and asked that the property be rezoned from R-1A to R-2, multi-family dwelling. The Board granted the request with a four-to-zero vote. Crystal Hayes, Carole Mize, and Amber Hesler, residents of the surrounding area, appealed the decision to the circuit court. The circuit court reversed the decision of the Board. The Board appeals. |
| Summary of Opinion Analysis: | According to the Jackson County Zoning Ordinances, an application for rezoning must show one of the following criteria by clear and convincing evidence: there was a mistake in the original zoning, or the character of the neighborhood has changed to such an extent to justify rezoning. In addition to one of the above criteria, the applicant must show that a public need exists for rezoning. B&B sought for its three-acre property on Dantzler Road in the Latimer community to be rezoned to allow for duplexes. In support of its request for rezoning, B&B asserted: there were numerous duplexes in the area; the area had grown substantially; there was a great influx of people moving to the area after Hurricane Katrina; and a nearby road was widened to accommodate increased traffic flow. As to public need for a higher-density residential area, B&B cited to the increased need for multi-unit housing after Hurricane Katrina due to higher building costs, higher insurance costs, and the need for additional housing. The surrounding property owners assert that the area has not changed to such an extent as to justify rezoning the area to R-2. There is no evidence in the record to support the Board’s finding that the character of the neighborhood had changed such that rezoning was justified. B&B’s argument to the Board centered around the changing needs of the area due to the impact of Hurricane Katrina. While there is no question that Hurricane Katrina has affected the public need of residents in the coastal area, B&B failed to demonstrate a change in the Dantzler Road area and Latimer community. |
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