10-0 Court of Appeals zoning decision

June 25, 2012 in Appeal, Land Use, Zoning by jscanlon

Our firm recently earned a “reversed and rendered” decision by the Mississippi Court of Appeals, which overturned the trial court with a vote of 10-0, in an important zoning matter.

John Scanlon of our firm represented the owner of the Southern Star RV Park, a local business on Lake Washington in Washington County, who was fighting a court’s interpretation of the county zoning regulations which was adverse to his business.  The County Board of Supervisors had ruled in favor of our client, but the county trial court later reversed the Board’s decision, finding the Board’s rulings to be “arbitrary and capricious.”  Our client had been operating his lake-side business as a permissive non-conforming use.  The trial court effectively ruled that the County zoning ordinance prohibited our client from using his land for one specific aspect of his business.  On appeal, our firm worked to ensure that the Court of Appeals correctly found that our client’s business constituted a permissible continuation of his non-conforming use, allowed by the County’s zoning ordinance.  The Court of Appeals agreed with us, and struck down the trial court’s decision on a unanimous, 10-0 vote.

Read the full opinion here.