Wednesday, November 25, 2015

Neighbors take Costco fight to court

A group of Ridgeland residents filed a lawsuit seeking to overturn zoning changes granted to developers Andrew Mattiace, Buster Bailey, and Jim Barksdale for the Costco development. The lawsuit is posted below.  It was filed in Madison County Circuit Court. 


I am writing up the post but I am going to try something different. I'm going to tweet about this lawsuit at Kingfish1935 on Twitter as I read through the lawsuit and then combine my tweets together in one post on this site.


45 comments:

Coupon Clipping Fool said...

I wish the Greenwood Plantation would be open in time to do my Christmas shopping... At least for 2016. Can't wait for the grand opening. Can I park in front of your mansion?

Anonymous said...

According to this , there is little doubt that Ridgeland did not follow Miss. law in changing the zoning law. A City must always formally amend it's Comprehensive Plan before the Zoning laws are changed. Zoning can only exist to carry out a Comprehensive Plan.There is a lot more but this alone is enough. City may can do it all over again in the right order but this will not stand. So simple to do things the right way.

Anonymous said...

hey coupon clipping fool, you get mattiace-bailey-barksdale, mayor, et al, to waive that $29.6 million TIF payment from cost-co "operation santa claus" and not make citizens of ridgeland pay for their project and you can park your trailer in my front yard.....this is about ripping off citizens of ridgeland as far as I am concerned. i don't think you get it. why does ridgeland have to pay to support their enterprise and we can't even find out what we are being asked to support because mattiace gets barbour-snow to seal his records in hinds chancery court.

Anonymous said...

This will make it to the High Court and a load of time and money will be spent.In the long run Ridgeland will lose.It may be better to just change the liquor laws and build in Rankin county.

Anonymous said...

Why not madison county chancery court?

Discount shoppin in Ridgeland said...

Get over it. Costco is coming. Suck it up and grab a buggy

Anonymous said...

The mayor will not be reelected. He better feather his bed before than.

Anonymous said...

More corporate welfare. Why are tax payers being asked to fund casino hotels, baseball parks and shopping centers? What a scam.

Anonymous said...

Why is anyone, anywhere in Mississippi listening to a damn thing out of the mouths of Haley Barbour, Henry Barbour and Austin Barbour?

Ain't Gone Take No Damn Mo! said...

I've never heard of any of these plaintiffs. And one of them refers to himself as "MR"?

Nevertheless, have we not had enough of Mattiace by now?

Anonymous said...

The day of the August primary while going into my polling place an older woman requested I sign a petition to stop Costco from coming to Ridgeland. I told her I welcomed them with open arms and went inside to vote, all the time hearing her rant about how horrible they are. When I came out of the building I did my best to walk away from her tent so as to not stir her wrath again. To no avail! She chased me down and asked me where I lived. My comment to her was that it was none of her business but I must live nearby since I vote at this location (Trace Ridge Baptist) and walked there. She proceeded to tell me that if Costco comes to Ridgeland the west side of I-55 would become as trashy as the east side. Of all the things I wish I had said, I held my tongue, shook my head and walked off. I have every reason to believe she is involved in this lawsuit. Now I hope that not only Costco moves into "her" neighborhood, I'm pulling for Walmart, Target, Home Depot and numerous C-Stores to join them. B*TC$! I moved from the west side to the east side for a very good reason...high brows such as her! If it's good enough for our fine Mayor, then it's good enough for my family and me! Chew on that you old hag (you know who you are.)

Anonymous said...

Don't ever get between Haley and some tax payer money. They are looking out over their Ridgeland office balcony and laughing at you... and you are paying for it. Just shut up and pay your taxes. Thad rules!!!

Trade a 747 for a Costco said...

I live in Pearl and I don't like the airport so close to my house. Can I sue to get it closed? I'm not sure how all this works

Anonymous said...

Hey 9.58. Unfortunately you and your kind will not be able to do anything. These people in Ridgeland are special. They are way to important to have something like this close to their house. They just want it built somewhere else close to someone else's house.

Anonymous said...

Didn't these same plaintiffs sue to stop the 17-story building in Ridgeland (when only 4 stories were allowed)

How did the Republican-leaning Supreme Rule on that one?

Anonymous said...

could be worse, you could live in madison and have a phallic cell phone tower being built next to the Lowes

Anonymous said...

Speaking of the cell phone tower, what's going on with the "pine tree" close to Madison Central?

Anonymous said...

This suit has no business in Circuit Court. Judge Emfinger should transfer it to Chancery when asked to do so.

Plaintiffs seek no monetary relief and are asking for recission of certain agreements based on failure to comply with notice provisions.

Next time you see Sheldon ask him why Circuit Court?

This thing is expensive now....wait til the host of lawyers globs on to this thing for the City!

Butler Snow is probably conflicted out....so Don Clark may start Snow Butler, PLLC law firm and man it up that way!

Get back and watch Mississippi local politics and judiciary work. Dinners and drinks and screwing for everybody!

Bill Dees said...

Isn't the plaintiffs' sole remedy an appeal of the zoning change? Apparently they failed to do this.

Anonymous said...

Butler Snow business plan is based on conflict of interest.

Anonymous said...

This is all Ben Allen's fault.

Anonymous said...

Gerald Beard is a standup guy. He is the former Jackson Public Works Director under Mayor Ditto. I would want him on my team.

Anonymous said...

Thanks Gerald at 1:38! Great to hear from you.

Anonymous said...

Is that the same Mayor Ditto that started Jackson on life support?

Anonymous said...

I am so very very grateful to these plaintiffs for pursuing this!!! I have lived in Ridgeland for just a few years, but I moved here from Jackson because I thought the leadership here was different; exceptional, in fact. However, the way our city leaders have chosen to handle this situation is disappointing and, frankly mind boggling. This is not about whether Costco should or should not come to Ridgeland at this location; this is about right and wrong. And I, for one, am so so thankful that good men have chosen to stand up to the powers that be and call them out on their behavior. After reading this document and knowing what I know, I cannot imagine a fair and impartial judge ruling anyway but in the plaintiffs' favor. I guess the only thing that remains to be seen is if we can find a fair and impartial judge. I certainly hope so. If Costco wants to come, then they must come the same way any one else would, without special favors from mayors and aldermen and benevolent appointed officials with way too much discretion with our state tax dollars. So, on behalf of all of us that still believe that our democracy is worth fighting for, thank you thank you thank you!!! You are truly American heroes and your courage and perseverance is to be applauded.

Anonymous said...

1:38 comes back on at 4:20. "American heroes"? Come now.

Capitalism means many things, but above all it means that sellers want to be near buyers. Buyers with money. If you can afford to live in a development with a name and gates, you must have mucho dinaro. (The use of the language of immigrants is deliberate. But then, any language in North America would be the language of immigrants. Even the Choctaws immigrated from Mexico.)

Anonymous said...

4:20 thank you for your post.

Happy Thanksgiving! Why all the hostility? I feel the anger in some of the post. There were several meetings and they were for ALL citizens in Ridgeland. For the person who mentioned Gerald Beard-- I had no idea who this man was until he spoke at the Costco meeting. It was obvious that he knew what he was talking about. Anyone who questions that was not at that meeting.

Are people upset about the size of someone's home? People need to be upset that $29.6 million of our tax dollars were being passed to the developers like they won the lottery. What about the size of their houses and the fact they don't even live in Ridgeland? Still, the ones I hold accountable are our city officials. So this is how it starts? A guy leans on a guy, and another--then before you know it the whole town looks the other way. I hope not. Wishing all of you a peaceful holiday season.

My kitchen is closed said...

I cannot wait to shop at Ridgelands Costco. I plan on letting them cater my Thanksgiving buffet next year. Hurry up and open!

Buggy is ready for shopping said...

On this Thanksgiving evening, I'm am thankful for America, hair extensions and Costco. Can't wait for the ribbon ceremony!

Anonymous said...

Wow, the plaintiffs put together a solid case, and it would appear that some in city government rolled over some "privileged" information to aid in crafting the case. More concerning, that the city totally ignored it's responsibilities to it's constituents and bypassed their own ordinances and regulations. City governments really need to remember that they have time on their side, and they control the conversation when it comes to commercial development. As a citizen, I am disappointed that we actually allow glorified strip malls to qualify as "destination" attractions and would give tax revenue back to the developer (I remember going to the "mall of the Americas"........it's just a conglomeration of stores at the end of the day). I hope the Plaintiffs succeed in their case, government has no right to circumvent their citizens........As much as I enjoy the Apple store, it still located in nothing more than a strip mall, 2 sided at that, and I will be interested to see what the state of that strip development is in 15 more years

Anonymous said...

Love to read the hate that so many of JJ's followers have for a few - and their disregard for facts if they have an opportunity to bash those they hate.

What in the hell does Haley Barbour have to do with this, 8:56 and 9:58? And where is the taxpayer money that is being said as being given to the developers? Without the development, there is no tax money. So the citizens of the wonderful city of Ridgeland - or at least the 'wonderful west side' - are not paying any tax money to the developers.

Get over it - the property is commercial property and you live next to it. Developers go to where the buyers are, as pointed out above. You live around other buyers - you like your Seafood Revolution and your Fresh Market. Costco is just another seller. And it will soon be selling in your neighborhood.

Anonymous said...

6:24 "disregard for facts" obviously you don't know any of the facts. Either that or you just put your blinders on when you don't like the facts. Do you really think that it is OK for the city and the developers to "change" the Zoning Map the way that they did with total disregard to their own ordinance and the laws of Mississippi? As far as I know, the facts are pretty much undisputed. If you know of any contradictory facts, I wish I you would let us in on them.









You seem pretty confident that Costco is coming to that spot. You must know the small group that has "greased" all the proper wheels and thinks Costco is a done deal. I am in the group that thinks we still have laws that even the extremely rich and connected still must abide by. Sadly, you may be in the winning team, but we will see what happens. If facts and law have anything to do with the outcome,I like our chances.

Urns And Phalluses said...

But, but....Alderman @ Large, Mr. D.I., told me he was an honest man and would always have the back of John Q. Citizen. He would not have let this stuff happen. Maybe during these votes he was on a trip back to some remote war zone where he thought he was stationed fifty years ago.

And to the question regarding "What's up with the pine tree near Madison Central", ain't nothin' up with it. It's still there. Ugly as always. Center field.

Anonymous said...

The irony of the red reduplicans of west Ridgeland fighting capitalism and the free market.

Nimby indeed

6:24 here said...

9:06, no I don't particularly know what you call the small group wheel greasers in this deal. But I do pay attention to the facts. And I also understand that one side's petition in a lawsuit is just that - one side's idea of what the law is. I don't see the issue quite as clearly as you do - but I guess that's what courts are all about rather than blogsites.

And, by the way, I'm not on one side or the other. I am a happy resident of Jackson. But in watching this dustup from a distance, I find it ridiculous that the residents of the neighborhood don't want commercial development on the land close to their high priced homes, even though the roadway was built by the developers so that it could be used for commercial purposes. Even more snooty, though, is the fact that a Costco just isn't 'good enough' for those on the west side of the double nickle - that it should be placed by the city on the east side; totally disregarding the fact that 'the city' doesn't place developments

Anonymous said...

Dear November 25, 2015 at 9:46 PM, sorry you were harassed during your time in exercising your right to vote. Bunch of ignored and bored housewives. They were not even supposed to be at the church, and later lied about it. Not surprising as they threatened the preacher moderating during the forum at the high school. Have they also been to your home, threatening and intimidating you and asking for money to support this ridiculous lawsuit?

Anonymous said...

Some of you (8:10) don't understand basic economics.Devaluation of your 7 figure residence is a bd thing. An Apple store, Fresh Market, or Williams Sonoma does not do that, a big box store can.

Anonymous said...

@10:07- if you fat cat rich redublicans really wanted to "preserve" your home values, you'd had bought the land years ago as a collective. Then used your communist rules to keep capitalism at bay.

Anonymous said...

Maybe Costco would like to locate next to any number of Jacktroit's open sewage discharges? There are a myriad of locations to choose from.

Looking To Build said...

Based on square footage, you could locate an average sized mall inside that humongous pecker being built between Wal Mart and the Soccer Fields.

In Madison, they don't want visitors to be distracted by something as ugly as a cell tower so they turn it into a huge, overpowering, torturous, constantly-erect pecker the size of three space-shuttle lift-off structures. Then they tell you the signage on your building is not a calming shade of earth-tone.

I'm a pig farmer and can't decide whether to branch out into Madison or Ridgeland. My employees will need apartments but also do a lot of sidewalk jogging on days off. Any advice?

Anonymous said...

Your homes will not be devalued because of big box retailers- they will be devalued because of the ( perceived) crime that might come along with it. If your investments are limited to mere assets ( car, house, land, etc.) then you've been playing the game wrong the whole time.

The only thing that has merit in your argument is that the rules weren't followed with zoning changes. As far as the free market, my generation loves it. The gospel of capitalism has held true as it has pulled this state out of the Victorian era which has been a long time coming. We know you miss the days of mob rule disguised as Christianity, but those days are now over.

Look at Flowood. It used to be one giant business park with extra land. Now, it has more commerce than most know what to do with and THAT is a good thing. It is a microeconomy in and of itself. You can now 'live, work, and play' in that area. Conversely, that is where the central MS tea party is stationed. They do not quite 'get it', or maybe they do but their message just seems strange to the true values of conservatism which has absolutely nothing to do with the religious right except for votes within the Republican Party.

Flowood is a shrine to the free market with a mix of big box retailers and independent businesses. Ridgeland could be too, but you are far to concerned about protecting your precious bubble that's just waiting to be popped by *gasp* the free market. At which point, you have become the liberals in which you claim to despise.



Can Stop Laughing said...

Flowood the city sucks. That redneck mayor has refused to enlarge its corporate borders for fear he or his beloved "Dusty" will get smoked. Using Flowood as an example is an example of exactly what NOT to do, in growning community. Growing strip malls, yes. Community NO.

Anonymous said...

I agree with the suit and wish the Plaintiffs untold success; however, Nils Mungen made a total jerk of himself on the 17 story Butler Snow building and totally showed out at all of the hearings; he was at this point the buddy of the developers; it looks like the worm turned. What happened Nils--I thought these were your buddies?

Anonymous said...

Not applying old logic it seems - insert Costco in place of Butler Snow. Pretty funny.

Nils Mungan, MD said...
As a Dinsmor resident, I am writing to voice my strong support for the proposed Butler Snow building. I work at UMC as an ophthalmologist and have no personal or financial ties to the building, its tenants or builders whatsoever. I just think it is a very good thing for Ridgeland in general and for Dinsmor in particular.

Any other municipality would bend over backwards to attract such a building to their zipcode! We shouldn't let fear of progress or fear of large corporations cloud our judgment. I'm sure you have heard all the arguments in favor: It will add $60 million to the property tax base . The building will be filled with hundreds of well-paid professionals, many of whom will choose to live nearby (driving up our property values) and shop nearby (increasing our sales tax revenue). The amount of revenue it generates will vastly surpass any increased costs in terms of roads and other city services. The traffic access is well thought out, and the building is immediately adjacent to the busy highway and really not in anyone's "face." People are worried it will lead to a precedent? I hope it does, to a precedent of filling all of Highland Colony up with high quality businesses that employ highly skilled workers! I have lived in Dinsmor for years and waited and waited to see Highland Colony develop. Now it's finally taking off. Make no mistake -- it could just as easily have become a white elephant...

It seems like all of the politicians have been afraid to publicly express any leanings at all for or against the proposed variance. I think it would truly be a shame if the politicians were intimidated by a small but vocal opposition to the building. The rest of us will remember who voted on the side of hope, and who voted on the side of fear.

It's now or never. Let's send a strong signal that Ridgeland is open for business!

Nils Mungan, M.D.
210 Valley Rd (Dinsmor Subdivision)
Ridgeland, MS

Anonymous said...

With respect to the Butler Snow building, Nils Mungan is quoted above as writing, "People are worried it will lead to a precedent? I hope it does, to a precedent of filling all of Highland Colony up with high quality businesses that employ highly skilled workers!"

The main tenants in the Butler Snow building are the Butler Snow law firm, the Horne CPA firm and Regions Bank. Compared to Costco, the difference between these three employers, the people they serve and the traffic generated is obvious.

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