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CITY OF PETAL v. DIXIE PEANUT CO.

No. 2007-CA-01265-COA.

994 So.2d 835 (2008)

CITY OF PETAL, Mississippi, a Municipal Corporation, Appellant, v. DIXIE PEANUT COMPANY d/b/a Dixie Ice Company, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 23, 2008.

Certiorari Dismissed November 6, 2008.

Attorney(s) appearing for the Case

Thomas W. Tyner, Sarah Beth Windham, Hattiesburg, attorneys for appellant.

Erik M. Lowery, David Alan Pumford, Hattiesburg, attorneys for appellee.

Before LEE, P.J., IRVING and ROBERTS, JJ.

ROBERTS, J., for the Court.

¶1. Dixie Peanut Company d/b/a Dixie Ice Company (Dixie Ice) appealed to the Forrest County Circuit Court after the City of Petal (City) denied its permit for an ice dispenser in a C-1 district. The circuit court held that the actions of the mayor and aldermen were arbitrary and capricious and not supported by substantial evidence and violated the due process guarantees of the United States Constitution and the Mississippi constitution...

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