Beard v. City of Ridgeland

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Shortly after the adoption of its comprehensive zoning ordinance and map in 2014, in June 2015, the City of Ridgeland (“the City”) adopted an amendment creating as a permitted use in general commercial (“C-2”) districts a Large Master Planned Commercial Development (“LMPCD”). The amendment allowed uses previously prohibited in C-2 districts and created an opportunity for the potential location of a Costco Wholesale (“Costco”). Appellants were residents of the City who lived in nearby neighborhoods; they appealed the City’s decision, arguing that the amendments constituted illegal rezoning and/or spot zoning. The Mississippi Supreme Court reversed and remanded, finding that because the City amended its zoning ordinance shortly after adopting a new comprehensive zoning ordinance and map in order to accommodate Costco, substantially changing the uses previously allowed in a C-2 district without showing a substantial change in neighborhood character, the amendments constituted an illegal rezoning. In addition, because the amendments were entirely designed to suit Costco, the amendments constituted illegal spot-zoning as well. Accordingly, the circuit court erred in finding that the Costco amendments were not arbitrary and capricious. View "Beard v. City of Ridgeland" on Justia Law