Before McMILLIN, P.j., Hinkebein, And Southwick, JJ.
The opinion of the court was delivered by: Hinkebein, J.
CITIZENS FOR EQUAL PROPERTY RIGHTS, AN UNINCORPORATED ASSOCIATION, APPELLANT v. BOARD OF SUPERVISORS OF LOWNDES COUNTY, MISSISSIPPI, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 12/07/95
TRIAL JUDGE: HON. LEE J. HOWARD
COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - REAL PROPERTY
TRIAL COURT DISPOSITION: AFFIRMED IN PART, REVERSED IN PART
DISPOSITION AFFIRMED IN PART; REMANDED IN PART - 4/21/98
MOTION FOR REHEARING FILED:
In 1994 the Lowndes County Board of Supervisors [hereinafter Board of Supervisors] adopted zoning regulations to limit the development of property in some areas around Columbus Air Force Base [hereinafter CAFB]. The appellants in this case, an unincorporated association known as the "Citizens for Equal Property Rights" [hereinafter Citizens], appealed to the Lowndes County Circuit Court in a challenge to the Board of Supervisors' enactment of the zoning ordinance. Dissatisfied with the circuit court's Disposition of this matter the Citizens appeal to this Court with the following assignments of error:
I. THE "AIRPORT ZONING COMMISSION BOARD" PROCEEDINGS WERE DEFICIENT IN THAT THE BOARD WAS APPOINTED WITHOUT NOTICE TO THE PUBLIC, WITHOUT AN ENABLING ORDINANCE, AND OPERATED WITHOUT COMPLIANCE WITH THE OPEN MEETINGS LAW.
II. THE "AIRPORT ZONING COMMISSION BOARD" AND THE BOARD OF SUPERVISORS FAILED TO FOLLOW THE PROPER STATUTORY PROCEDURE MANDATED FOR THE ENACTMENT OF AN AIRPORT ZONING ORDINANCE.
III. NEITHER THE "AIRPORT ZONING COMMISSION BOARD" NOR THE BOARD OF SUPERVISORS HAD JURISDICTION TO ADOPT THE ORDINANCE IN QUESTION SINCE NEITHER BODY MADE ANY FINDING THAT AN "AIRPORT HAZZARD" EXISTED WITHIN THE TERRITORIAL LIMITS OF LOWNDES COUNTY, MISSISSIPPI.
IV. THE ENACTMENT OF THE 1994 COLUMBUS AIR FORCE BASE AIR INSTALLATION LAND USE ZONING ORDINANCE DEPRIVED, APPELLANTS' OF THEIR PROPERTY RIGHTS WITHOUT PRIOR COMPENSATION.
Holding assignments of error one, two, and three to be without merit, we affirm the judgment of the circuit court. Holding assignment of error number four to be of merit, we reverse the actions of the circuit ...