LUTER v. OAKHURST ASSOCIATES, LTD.

No. 57345.

529 So.2d 889 (1988)

Emmett LUTER, et al. v. OAKHURST ASSOCIATES, LTD., a Mississippi Limited Partnership Consisting of Ronald G. Dunston, General Partner, Breed O. Mounger, Jr., a Limited Partner; and Breed O. Mounger, Jr., Individually.

Supreme Court of Mississippi.

July 13, 1988.


Attorney(s) appearing for the Case

Stephen W. Rimmer, Stephen E. Gardner, Young, Scanlon & Sessums, Jackson, for appellant.

Boyce Holleman, Elizabeth A. Broome, Boyce Holleman, P.A., Gulfport, Keith Starrett, Starrett & Honea, Magnolia, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

I.

This is a zoning case with an odd twist. If a purported initial zoning of subject property in 1969 be legally effective, rezoning in 1985 would be permissible only under our familiar change or mistake rule. Objectors, however, argue that the 1969 zoning was invalid and that the 1985 proceeding was one for zoning ab initio.

The Mayor and Board of Aldermen in 1985 held void the actions of their predecessors...

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