Wednesday, November 9, 2011
Case of the Week
Harrison v. Mayor and Board of Alderman of City of Batesville (Supreme Court of Mississippi)
Facts: A gravel company applied for a zoning variance to expand its mining operation to property adjacent to its current operation. Neighboring property owners opposed the action. The mayor and city board of aldermen approved variance, with certain restrictions. Property owners appealed.
Holding: The company failed to manufacture evidence of unnecessary hardship required for zoning variance, and the board of aldermen failed provide specific findings of fact and conclusions of law to support their decision.