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Speyerer v. Board of Supervisors of Madison County

Court of Appeals of Mississippi

May 27, 2014

MAUREEN B. SPEYERER AND PAUL D. SPEYERER, APPELLANTS
v.
THE BOARD OF SUPERVISORS OF MADISON COUNTY, MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/14/2012. TRIAL JUDGE: HON. JOHN HUEY EMFINGER. TRIAL COURT REZONING DECISION OF MADISON COUNTY BOARD OF SUPERVISORS AFFIRMED.

FOR APPELLANTS: STEVEN HISER FUNDERBURG.

FOR APPELLEE: A. MICHAEL ESPY.

BEFORE GRIFFIS, P.J., ROBERTS AND FAIR, JJ. LEE, C.J., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. CARLTON, J., NOT PARTICIPATING.

OPINION

Page 772

NATURE OF THE CASE: CIVIL - REAL PROPERTY

GRIFFIS, P.J.

¶1. Maureen and Paul Speyerer appeal a rezoning decision by the Madison County Board of Supervisors. They claim that notice was not proper and the decision to rezone the property was arbitrary, capricious, discriminatory, and without a substantial

Page 773

evidentiary basis. We find reversible error and render a judgment in favor of the Speyerers.

FACTS

¶2. The property in question is located in Madison County and is owned by the Minnie J. Bozeman Family Limited Partnership (" Bozeman" ).

¶3. On February 26, 2010, Bozeman filed a petition to rezone and reclassify the property with the Madison County Board of Supervisors. Richard Skinner, Bozeman's general partner, signed the petition. The petition asked the Board to rezone approximately seventeen acres of land from a special-use district (SU) to a commercial district (C-1).

¶4. The Board referred the petition to the Madison County Planning and Zoning Commission. The Commission scheduled and held a hearing on April 8, 2010. The Commission approved the petition.

¶5. The Speyerers, who are neighboring homeowners, appealed the Commission's decision to the Board. The Speyerers were joined by ...


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