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MAYOR OF OCEAN SPRINGS v. HOMEBLDRS. ASS'N

No. 2004-CC-01278-SCT.

932 So.2d 44 (2006)

MAYOR AND BOARD OF ALDERMEN, CITY OF OCEAN SPRINGS, Mississippi v. HOMEBUILDERS ASSOCIATION OF MISSISSIPPI, INC., et al.

Supreme Court of Mississippi.

June 15, 2006.

Attorney(s) appearing for the Case

Ralph Preston King, II, Robert H. Freilich, E. Tyson Smith, John B. Edwards, II, attorneys for appellants.

Steven H. Smith, Benny McCalip "Mac" May, Jackson, Robert Quentin Whitwell, Jr., Ashland, William Lee Guice, III, Biloxi, attorneys for appellees.

Before COBB, P.J., DICKINSON and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

STATEMENT OF THE CASE

¶ 1. The Mayor and Board of Aldermen of the city of Ocean Springs (collectively "City") adopted a Comprehensive Plan, which included separate impact fee ordinances which authorized the assessment, collection, and expenditure of "development impact fees" for various municipal improvements, services, equipment, and vehicles. In its Development Impact Fee Procedures Ordinance, the City defined a development...

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