Favre v. Hancock County Board of Supervisors
2011 Miss. App. LEXIS 34
| Miss. Ct. App. | 2011Background
- Jourdan River Estates owns 269 acres in Hancock County, accessible via Nicola Road and Crump Road off Highway 603.
- Jourdan River sought rezoning in 2007 from A-1 to Waterfront Special Use District to build 1,000 condos and a 130-slip marina; the Board denied.
- In 2008 Jourdan River resubmitted without rezoning, reduced condos to 472, and proposed a yacht club with a 3–5 acre basin; yacht club deemed a permitted use by right.
- The Planning Commission approved; Parker appealed to the Board, which approved with conditions including that the road plans be approved by the County Engineer.
- Parker filed exceptions; the circuit court affirmed; this appeal concerns whether the Board erred on findings, the yacht club designation, substantial evidence, and access findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board was required to make explicit findings of fact. | Parker argues the Board failed to articulate specific factual findings. | Board need not include explicit findings if record supports its decision. | Merits none; absence of explicit findings does not mandate reversal. |
| Whether labeling the marina as a yacht club altered the permitted-use status. | Parker contends the yacht club label evades marina restrictions. | Authority treats yacht club as including a basin and boat access; interpretation supports decision. | Issue lacking merit; court accepts interpretation that yacht club includes boat basin. |
| Whether there was substantial evidence to support the Board's decision. | Jourdan River argues record lacks sewer, water, and access evidence. | There was substantial evidence including utility letters and service agreements. | There was substantial evidence to support the Board. |
| Whether adequate access was established for the development. | Board failed to make required access findings. | Board-imposed conditions and easement/road plans establish adequate access. | Board's restrictions effectively found adequate access; issue without merit. |
Key Cases Cited
- Barnes v. Board of Supervisors, DeSoto County, 553 So.2d 508 (Miss. 1989) (absence of explicit findings does not automatically void a decision; record may support it)
- Caver v. Jackson County Bd. of Supervisors, 947 So.2d 351 (Miss.Ct.App.2007) (review of administrative decisions focuses on substantial evidence; findings may be implied)
- Hearne v. City of Brookhaven, 822 So.2d 999 (Miss.Ct.App.2002) (adjudicative nature of certain decisions; standard of review for administrative findings)
- Johnson v. Miss. Employment Sec. Comm'n, 767 So.2d 1088 (Miss.Ct.App.2000) (four-part standards; substantial evidence and reasonableness of agency action)
- Sprouse v. Miss. Employment Sec. Comm'n, 639 So.2d 901 (Miss.1994) (constitutional rights and agency actions; admissibility of evidence not explicit)