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TIPPITT v. CITY OF HERNANDO

No. 2003-CA-00938-COA.

909 So.2d 1190 (2005)

John TIPPITT and Donna Tippitt, Appellants, v. CITY OF HERNANDO, Mississippi, Appellee.

Court of Appeals of Mississippi.

January 25, 2005.

Attorney(s) appearing for the Case

Benjamin Louis Taylor, Boston, MA, Ronald Louis Taylor, Southaven, attorneys for appellants.

Kenneth E. Stockton, Hernando, attorney for appellee.

Before BRIDGES, P.J., MYERS and BARNES, JJ.

BRIDGES, P.J., for the Court.

¶ 1. The planning commission for the City of Hernando, Mississippi, approved Janet Ward's application to rezone certain property owned by her. John and Donna Tippitt oppose said approval and have appealed to this Court claiming that the planning commission's decision (a) was arbitrary and capricious; (b) was not supported by substantial evidence; (c) constitutes spot zoning; and (d) constitutes a taking in violation of the Fifth...

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