Court to hear dispute over asphalt plant construction

by Associated Press

Published: September 2,2011

Tags: construction, courts, homes, houses, judiciary, landowners, manufacturing, real estate, residents, zoning

NEW ALBANY — The Mississippi Supreme Court yesterday agreed to hear a dispute from Union County over the construction of an asphalt plant.

Riverside Traffic Systems Inc. had contracted to sell 29 acres in New Albany to Memphis-based Lehman-Roberts Co. upon resolution of zoning change.

The City of New Albany issued a building permit to Lehman-Roberts for an asphalt plant on the site.

Circuit Judge Henry Lackey blocked construction in 2009 after a lawsuit was filed against the city, Riverside and Lehman-Roberts by nearby landowners and other residents.

Lackey ruled a 1997 zoning change of the property was invalid. The property was originally zoned agricultural, but was later reclassified industrial. Lackey said the legally required procedure for such a change, including public notice, was never followed.

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