Court rules against city in asphalt plant dispute
Published: November 21,2011
NEW ALBANY — The Mississippi Supreme Court has ruled that the city of New Albany erred when it rezoned land and gave a permit to a company to build an asphalt plant.
The Supreme Court on sided with Circuit Judge Henry Lackey, who blocked construction in 2009. A group of landowners had sued the city, Riverside Traffic Systems Inc. and Lehman-Roberts Co.
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.
Riverside had contracted to sell 29 acres in New Albany to Memphis-based Lehman-Roberts upon resolution of zoning change.
The city of New Albany issued a building permit to Lehman-Roberts for an asphalt plant on the site.
Justice Mike Randolph, writing for the Supreme Court, said the city’s failure to provide notice violated opponents’ due process rights.
To sign up for Mississippi Business Daily Updates, click here.
Top Posts & Pages
- A BIG CHANGE: New mortgage rules seen bringing increase in pricey mobile home loans
- Analyst: KiOR Columbus plant may end up sold as scrap
- Jail kitchen supervisor pleads guilty to stealing food
- Warden who lives hundreds of miles from jail resigns
- Ex-MDEQ leader Fisher joins Butler Snow
- (UPDATE) Gov. Bryant: $1.2 billion aluminum plant is a very exciting proposition for the state of Mississippi
- WILLOUGHBY: Bernie Reed cites hard work as key to success of Reed’s Metals
- Hunting-weapons legislation passes House
- Nehi Bottling Company has been a Cleveland fixture for 85 years