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
- (UPDATE) Prison won’t interrupt ex-prison chief’s retirement cash flow
- JOSH MABUS — Inbound marketing is fueled by wishful thinking
- Kemper plant employee gag order continued
- Ex-prison boss and businessman admit to bribery scheme
- WRESTLING SUCCESS — Ted DiBiase Jr. leaves ring to become entrepreneur
- The leadership styles of President Obama
- Nehi Bottling Company has been a Cleveland fixture for 85 years
- MARTIN WILLOUGHBY — Doug Dale’s self-awareness helps lift him to top of his game
- ASA postmortem: industrial recruiting is a constant cycle of death and life
- Two new casinos like the odds on Mississippi Gulf Coast