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SMITH v. CITY OF PICAYUNE

No. 84-4505.

795 F.2d 482 (1986)

Erwin J. SMITH, Plaintiff-Appellant, v. CITY OF PICAYUNE, Carle Cooper and Charles M. Hubbs, Defendants-Appellees, and USA, Farmers Home Administration, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.

Attorney(s) appearing for the Case

Edward H. Stevens, III, Picayune, Miss., for Smith.

Ray M. Stewart, J. Edmand Pace, Picayune, Miss., Robert H. Pederson, Jackson, Miss., for City of Picayune.

Sam P. Cooper, Jr., Picayune, Miss., for Hubbs.

Jack Parsons, Eddy Parsons, Parsons & Matthes, Wiggins, Miss., for Cooper.

Peter H. Barrett, Asst. U.S. Atty., Biloxi, Miss., for USA-Farmers Home Admin.

Before WISDOM, RUBIN, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A landowner invokes a declaration that the City of Picayune, Mississippi, violated state law and his federal constitutional rights to due process and equal protection when the City, by agreement with the adjacent landowner, zoned property adjacent to his for multi-family residential use. We find that the City did not follow state law when it zoned the property, but reject the landowner's constitutional claims on the basis of this court...

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