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Defense Verdict in Zoning Dispute Upheld by Mississippi Court of Appeals

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February 2021

Attorneys Ed Taylor and Ryne Hand represented a local city in a zoning dispute involving the Plaintiff who was a city resident. Plaintiff alleged that his neighbor constructed a work shop on his property that dramatically exceeded the square footage allowed by the City’s Uniform Development Ordinance (UDO). In particular, it was alleged that the building obstructed the Plaintiff’s view of a bayou that traversed his neighborhood. Plaintiff filed suit in the Chancery Court of Jackson County, Mississippi, seeking to enjoin further construction of the building and have it completely removed. Plaintiff also sought monetary damages against the City for a loss of property value associated with the subject construction. The case proceeded to trial and the Chancery Court Judge ruled that the City’s application of its zoning ordinance was not arbitrary and capricious and therefore, due process rights were not violated.  Plaintiff appealed.  The Mississippi Court of Appeals affirmed the Chancery Court's ruling.