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Herder v. Madison County Board of Supervisors

Court of Appeals of Mississippi

November 27, 2018

JULIE DEN HERDER, MARSHALL JACKSON, PATTI JACKSON AND KRISSTEL P. HUNT APPELLANTS
v.
MADISON COUNTY BOARD OF SUPERVISORS APPELLEE

          DATE OF JUDGMENT: 10/26/2017

          MADISON COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III TRIAL JUDGE

          ATTORNEYS FOR APPELLANTS: JOHN HOWARD SHOWS RICHARD A. EISENBERGER JR.

          ATTORNEY FOR APPELLEE: KATHERINE BRYANT SNELL

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          GRIFFIS, P.J.

         ¶1. Julie Den Herder, Marshall Jackson, Patti Jackson, and Krisstel P. Hunt (collectively referred to as "Herder") appeal the Madison County Board of Supervisors' approval of two site plans, one for a mini-storage facility and one for an office warehouse. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In April 2006, the owner of twenty-three acres of real property in Madison County (the "subject property") filed a petition to rezone and reclassify real property (the "petition"). The petition sought to rezone the subject property from R-1 (residential) to C-2 (commercial).

         ¶3. On June 8, 2006, a hearing on the petition was held before the Madison County Planning and Zoning Commission (the "Commission"). At the conclusion of the hearing, the Commission unanimously recommended approval of the petition to rezone with the appropriate amendments to the land-use plan.[1] Thereafter, on June 26, 2006, the Madison County Board of Supervisors (the "Board") acknowledged and approved the Commission's recommendation to rezone the subject property from R-1 to C-2.

         ¶4. In 2016, two developers, L&J Holdings LLC and Cedarstone Commercial presented site plans to the Commission regarding the subject property. Specifically, L&J Holdings requested approval to build a mini-storage facility, and Cedarstone Commercial requested approval to build an office warehouse.

         ¶5. On several occasions, the developers, nearby property owners, and attorneys appeared before the Commission to discuss the proposed site plans. At each meeting, the Commission tabled the site-plan review and encouraged the parties to work out an agreement regarding the contested issues.

         ¶6. On August 11, 2016, the parties appeared before the Commission for another hearing and advised that they were able to agree on some, but not all, of the conditions. After hearing from the parties, the Commission recommended approval of the site plans for both the mini-storage facility and the office warehouse subject to the agreed-upon conditions identified in the minutes. As to the mini-storage facility, the Zoning Administrator advised L&J Holdings that it would need to return with a request for a conditional use to have any outside storage on the site. Herder subsequently appealed the Commission's decisions to the Board.

         ¶7. The parties appeared before the Board on October 17, 2016, and presented arguments related to the site-plan approvals. Following a lengthy discussion, the Board accepted the Commission's recommendation and approved the site plans for both the mini-storage facility and the office warehouse.

         ¶8. Herder timely appealed the Board's decisions to the Madison County Circuit Court. On October 26, 2017, the circuit court found that the Board's decisions were not arbitrary, capricious, discriminatory, illegal, or without substantial evidentiary basis. As a ...


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