The gas stations must wait.
The Queen won another court fight as the city of Madison prevailed against Madison County in a battle over the rezoning of a large tract of land by the Reunion interchange on I-55. Madison County Circuit Judge Steve Ratcliff denied re-zoning after finding the county engaged in contract zoning, an illegal practice in Mississippi.
The city of Madison sued Madison County and the Minnie J. Bozeman Family Limited Partnership in Madison County Circuit Court in June 2023.
Bozeman asked the county to rezone 350 acres between Bozeman Road and I-55 from a Special Use District to a Highway Commercial District. Madison County approved the rezoning despite the city's objections.
Madison accused the defendants of engaging in contract zoning as Bozeman allegedly donated land to Madison County for a road project "in exchange for the County's agreement to assist Bozeman in the rezoning of the 350 acre parcel. Contract zoning is not legal in Mississippi.
Judge Ratcliff agreed with the city and ruled Madison County engaged in contract zoning. The learned jurist held:
The Mississippi Supreme Court has recognized contract zoning as “an agreement between a property owner and a local government where the owner agrees to certain conditions in return for the government’s rezoning or enforceable promise to rezone.”.... The record shows that the County made a deal to rezone the subject property to C-2 in exchange for a valuable land donation to the County.Further, the record shows counsel for the Board stated in the Planning and Zoning Commission meeting the following: “[s]o I personally met with Mr. Skinner a couple of times, and we worked out a deal... .And I told him personally, and the Board confirmed -1 don’t say anything without authorization of my Board - that we would do our best to rezone this land so he could begin planning for commercial projects.
"Counsel for the Board" is Board Attorney Michael Espy.
Judge Ratcliff ruled such contract zoning is illegal as he vacated the re-zoning.
Undeterred, the Board of Supervisors voted 3-2 in executive session today to appeal the decision. Supervisors Karl Banks, Paul Griffin, and Gerald Steen - who seem to want to put a gas station on every corner in Madison County, voted for the appeal while Supervisors Trey Baxter and Casey Bannon opposed it.
Many neighbors of the subject property oppose re-zoning.
27 comments:
Steen has to go.
Gas station on every corner? Yep, because they yield a return on investment to those crooks. Espy is arrogant enough to think that he could get away with some contract zoning because it always worked before, but in Madison the City we don't play.
Hard to see the difference in this and the Butler Snow variance in Ridgeland.
An Espy promoting an illegality?
It seems this decision essentially voids the consideration for the land donation. Does the Bozeman Trust now have a claim to sue the County to pay them fair market value for the land the roadway sits on? Or do they get nothing because the consideration for the land transfer (re-zoning) was illegal? What a tangle web we weave when we work with good old boys to deceive.
I know, hard to believe. Probably fake news.
Recently seated District 1 Supervisor is married to Queen Mary's city attorney whose office is next to Mary's, which is why he got elected.
The 'trust factor' runs deeper than Steen, Griffin and Banks.
Dave, of the old J. T. and Dave Show used to say, "Never trust nobody!"
Greed is such an ugly human attribute. Greed is what got humanity where it is, Jackson where it is, the country where it is..... Its hunger is never satisfied.
This is the least of Espy's worries...
What is the difference between "Special Use" zoning (which is what this property was zoned as) and "C2" zoning (what the County was changing it to) ?
Mike Espy is a nice guy, and I have no personal beef with him. But that said, he is NOT a very good lawyer at all. I've seen him make way too many mistakes and just not know the law at all.
For him to make the statements attributed to him...that he had agreed with the Bozeman Trust that, in exchange for them giving the County a certain amount of land for the project, he would have the County agree to rezone the remaining land...was just stupid, and anyone with any zoning experience would know that cannot be done. Geees.
Espy - any friend of the Clintons is a friend of mine.
What's with Espy wanting to silence County employees then not coming clean with who initiated the discussion?
Supervisors Karl Banks, Paul Griffin, and Gerald Steen need to go! It's a cry and shame the citizens of Madison County can't have better leaders that don't follow State laws and don't know how to manage the County for the benefit of the citizens instead of themselves. They have done a pitiful job on roads and have not gotten ahead of the influx of new residents. Also, they didn't fight for an interchange at the new Reunion Parkway bridge to I-55, that would alleviate the pressure on 463. A friend working on the project told me regulation prevented that; however, the Federal Highway rules for interchange spacing states they should be spaced at least 1 mile apart in urban areas and 3 miles in rural areas. The new bridge under construction is 1.5 miles north from the Madison Hwy 463 interchange. An urban area is defined as a region having at least 2,000 housing units or a population of 5,000. 463 is bumper to bumper with school traffic from 6 public and private schools each morning and afternoon each school day and is in deplorable condition from Madison to Flora with many dangerous spots along the way. Obviously, the County didn't learn a valuable lesson from Desoto County's Goodman Road project when they planned Gluckstadt Road-Industrial Park Road and interchange in Gluckstadt. Bottom line, with all the tax credits to Amazon and data centers, the increase in population will be plagued with Jackson type roads for years to come.
The interchange is going to get done but first they've got to get Donkeycrat Delbert Hosemann out of the way.
10:47: May we suggest you read the zoning ordinance and report back to us with a summary of the differences. Thanks in advance!!
"Supervisors Karl Banks, Paul Griffin, and Gerald Steen need to go!" Don't know about Steen, but for Banks and Griffin it's like Bennie. Just say your running again and you don't have to do anything else.
@1:22 I agree that Steen and Griffin need to go. Karl actually has some sense and has done some good things. But he was also tied to Rudy, has put friends and family in county jobs, etc. Casey is clueless. Trey just wants to do what his constituents want, but that isn't always what the law says. Honestly, Karl is probably the best of the 5, which is sad to say.
As for the interchange, the ramps will get added when MDOT 6-lanes Interstate 55. That is already worked out with MDOT.
The quote "The most wonderful lesson a child can learn: Never trust nobody" is spoken by Dale Gribble in the King of the Hill episode "Order of the Straight Arrow". In this episode, Dale is teaching his son Joseph this lesson, stemming from his own distrust of his father due to a past incident.
You answered your own question Luther.
Please continue. Who and when did Espy attempt to silence any county employee?
Praise the lord Gluckstadt lost. It was a mess for a long time and then all these 5 store white buildings get thrown on the roads. You’ll never develop anything nice because you blocked the land behind there.
Short sighted and the reason they need no more hand in zoning.
Gas station on every corner? How many of those stations are owned by Steen's 'other' employer?
Baxter and Casey voted to fire Espy after the court declared he violated the law - but failed thanks yo Banks/Steen partnership. So Espy skates again - just as he did when he took those many bribes as Secretary and the DC jury let him off. And just as he did earlier (Secretary designee, but still House Ag Chm) and he had his ASCS employees take the fall and sentence. Hell - he's almost as slick as Clinton(s) and Trump at avoiding having to pay for his illegalities.
The gas station is the centerpiece in Flowood community development much like the show models in a nice, upscale neighborhood.
Who actually made the motion and second to fire Espy? That's interesting. The reason Espy is sitting there today is because Steen, Griffin and Banks voted to fire Feels daughter and hire Espy over the objections of Jones and Baxter. And so it goes. Three = Five.
But you can betcho tightest pair of draws that the latter two will not be caught up in a Rudy scandal.
You're implying impropriety on the basis of one of the two supervisors who voted against appealing the court decision which confirmed that it was contract zoning, and who on multiple occasions has voted to terminate the county attorney who facilitated and engaged in contract zoning? He's the crooked one? Gotcha.
feels daughter another example of our government giving $1 or $2 million to a bad board attorney. now bad board attorney has quite a lot of cash in the poorest most welfare funded state in the union.
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