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CITY OF HATTIESBURG v. McARTHUR

No. 2008-CA-01134-COA.

24 So.3d 367 (2009)

CITY OF HATTIESBURG, Mississippi, Appellant v. J.W. McARTHUR and Kenney Properties, Inc., Appellees.

Court of Appeals of Mississippi.

December 15, 2009.

Attorney(s) appearing for the Case

James W. Gladden, Jr., attorney for appellant.

Lawrence Cary Gunn, Jr., Hattiesburg, attorney for appellees.

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

ROBERTS, J., for the Court.

¶ 1. Developers, J.W. "Johnny" McArthur and Kenney Properties, Inc. (Kenney Properties), appealed an action of the City of Hattiesburg, Mississippi (the City), which denied the developers' petition to rezone a 29.63 acre parcel of land (subject property) from R-1B, single-family residential, to R-4, high-density residential. The Forrest County Circuit Court reversed the decision of the Hattiesburg City Council (city council), permitting...

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