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CITY OF HATTIESBURG v. REGION XII COM'N ON MENTAL HEALTH AND RETARDATION

No. 91-CA-00908-SCT.

654 So.2d 516 (1995)

CITY OF HATTIESBURG, a Municipal Corporation, and Ed Morgan, individually and as Mayor of Hattiesburg v. REGION XII COMMISSION ON MENTAL HEALTH AND RETARDATION.

Supreme Court of Mississippi.

April 13, 1995.

Attorney(s) appearing for the Case

Paul Richard Lambert, Hattiesburg, for appellant.

Samuel E. Farris, Timothy M. Farris, Hattiesburg, for appellee.

En Banc.

BANKS, Justice, for the Court:

In this case we consider the question of whether a regional mental health commission is a state agency and if so, whether the commission is required to adhere to the municipal zoning ordinances of the city when selecting a regional mental health facility site. We conclude that the commission is obligated to abide by the municipal zoning ordinances despite its state agency status.

I

The Region XII Commission on Mental...

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