GARDNER v. CITY OF TUPELO

No. 2010-CA-01733-COA.

76 So.3d 204 (2011)

Thomas J. GARDNER III, Appellant v. CITY OF TUPELO, Mississippi, Ed Neely, Dick Hill, Smith Heavner, Doyce Deas, Carolyn Mauldin, Bill Martin, Mike Bryan, Thomas Bonds, Berdell Jones, as The City Council of the City of Tupelo, Mississippi, and Wilson Coleman, Appellees.

Court of Appeals of Mississippi.

December 13, 2011.


Attorney(s) appearing for the Case

R. Shane McLaughlin , attorney for appellant.

Pope S. Mallette , Oxford, Paul B. Watkins Jr. , attorneys for appellees.

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


IRVING, P.J., for the Court:

¶ 1. On April 15, 2008, the Tupelo City Council voted to rezone forty-five acres of land from R1-L (large-lot residential) to PUD (Planned Unit Development). Thomas J. Gardner III owns property adjacent to the property rezoned by the City Council and opposes the rezoning. On April 24, 2008, Gardner filed a bill of exceptions challenging the City Council's decision to rezone the property. The Lee County Circuit Court affirmed the City...

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