Charles Gallagher v. City of Waveland, Mississippi
182 So. 3d 471
Miss. Ct. App.2015Background
- KBM LLC submitted a 17-lot subdivision plat in Waveland, MS in 2010.
- Planning and Zoning Board approved most requests but granted 2-year construction extension instead of 5 years.
- City Board of Aldermen held a May 24, 2010 hearing and voted to preliminarily approve the plat with the entrance on Moliere Drive.
- Gallaghers/residents on Moliere Drive opposed final approval pending additional information.
- June 11, 2010 notice of appeal and amended bills of exceptions were filed; by June 18, 2012 the circuit court adopted the City’s bill of exceptions as the record.
- Appellants argue the bill of exceptions was inadequate, the Board’s approval was arbitrary, and due-process/due-rights concerns were violated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction over the merits. | Gallaghers contend deficient bill of exceptions. | City argues preservation issue and jurisdiction-based on record. | Jurisdiction proper; record supports appellate review. |
| Whether the Board’s approval was arbitrary or unsupported by substantial evidence. | Entrance on Moliere Drive violated plans/ordinances. | Board weighed evidence; no improper rezoning; ordinance 219 complied. | Board’s approval not arbitrary; no improper rezoning. |
| Whether the Board failed to provide adequate notice affecting due process. | Hearings did not notice rezoning substance. | Approval of plat did not constitute rezoning; notice adequate. | No due-process violation found. |
| Whether the Board improperly rezoned two R-1 lots or violated the comprehensive plan. | Zoning changes occurred without proper hearing. | Subdivision map triggers dedication of streets; no rezoning required. | No improper rezoning found; plan consistent with ordinance 219 and plan. |
| Whether the circuit court erred by relying on an improper bill of exceptions. | Bill of exceptions fatally defective; voids jurisdiction. | Court could proceed under Powell, Wilkinson, etc. | Court lacking jurisdiction; requires remand for proper bill of exceptions or mandamus relief. |
Key Cases Cited
- Powell v. Mun. Election Comm’n of Isola, 156 So.3d 250 (Miss. 2014) (proper bill of exceptions required for appellate jurisdiction; mandamus remedy available)
- Wilkinson Cnty. Bd. of Supervisors v. Quality Farms Inc., 767 So.2d 1007 (Miss.2000) (bill of exceptions necessary to confer jurisdiction; appellate review limited to record)
- Hall v. City of Ridgeland, 37 So.3d 25 (Miss.2010) (unsigned bill of exceptions followed by signed corrected bill can confer jurisdiction)
- Reed v. City of Pascagoula, 236 Miss. 333, 111 So.2d 222 (Miss.1959) (signing of bill of exceptions by proper official; mandamus as remedy for non-signature)