JULIE DEN HERDER, MARSHALL JACKSON, PATTI JACKSON AND KRISSTEL P. HUNT APPELLANTS
MADISON COUNTY BOARD OF SUPERVISORS APPELLEE
OF JUDGMENT: 10/26/2017
MADISON COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III
ATTORNEYS FOR APPELLANTS: JOHN HOWARD SHOWS RICHARD A.
ATTORNEY FOR APPELLEE: KATHERINE BRYANT SNELL
GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.
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.
AND PROCEDURAL HISTORY
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).
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. 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.
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
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.
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.
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.
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 ...