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BAKER v. BD. OF SUP'RS OF PANOLA COUNTY

No. 2012-CA-00034-COA.

113 So.3d 1266 (2013)

Jason BAKER, Jimmy Baker, Nancy Baker, Jimmy Barnett, Agnes Barnett, Angela Bolen, Aron Chapman, Dan Dougherty, Debbie Dougherty, Jeff Gordon, Berri Gordon, Michelle Griffin, Vernon Griffin, Belle Haire, Richard Hartley, Glenn Hentz, April Hentz, Peewee Johnson, Martha Lyn Johnson, Laura McCammon, Linda Merriman, Robert Merriman, Jason Robertson, Lacey Robertson, Norman Smith, Latonya Smith, Ann Still, Tony Wheatley, Audra Wheatley, Arley Whitsell, Wanda Whitsell, Lee Williams, Tracy Williams, Richard Wilson, Marily Wilson, Bobby Woodruff and Sharon Woodruff, Appellants v. BOARD OF SUPERVISORS OF PANOLA COUNTY, Mississippi, Martin Willingham, Rita Willingham, S & L Farms, LLC, Lamar Johnson, Clay Baker and Rockco Mining, LLC, Appellees.

Court of Appeals of Mississippi.

May 14, 2013.

Attorney(s) appearing for the Case

Leroy Davis Percy , Oxford, attorney for appellants.

Darrin Jay Westfaul , Kirkland Caldwell Willingham , Batesville, Michael Kevin Graves , Hernando, attorneys for appellees.

Before LEE, C.J., CARLTON and MAXWELL, JJ.

LEE, C.J., for the Court:

FACTS AND PROCEDURAL HISTORY

¶ 1. On March 4, 2009, Memphis Stone & Gravel Company (MS & G) applied to the Panola County Land Development Commission (the Commission) for a special exception to mine and process gravel on two adjacent properties (the Johnson/Willingham property) south of Eureka Road in Panola County, Mississippi. One parcel was owned by Lamar Johnson (Johnson) through S & L Farms, and the other was...

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