Leonard Alpert v. City of Biloxi, Mississippi, 228 So. 3d 965

Biloxi adopted the Planning Commission’s approval to vacate and realign Fayard Street; Fayard was a public right‑of‑way.
Leonard Alpert and others, owners of a pawn shop, challenged the City’s decision in Harrison County Circuit Court.
Boyd Gaming Corp. sought to realign Fayard Street to Bayview Avenue and dedicate a new public right‑of‑way; the plan included pedestrian safety improvements and utilities considerations.
Planning Commission hearings in August 2015 featured testimony about safety benefits, access, and potential impacts on Alpert’s parking.
City Council approved Resolution 449‑15 after considering staff findings, public input, and the financial support from Boyd for improvements.
Circuit Court upheld the City’s decision; Alpert appealed to the Mississippi Court of Appeals, which affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there a taking or denial of access?	Alpert: realignment blocks access; constitutes a taking without compensation.	City: vacation pertains to public street; no private property taking or altered access rights.	No taking; access rights not violated; street remains public and Alpert has no parking rights.
Was the decision arbitrary or capricious or lacking substantial evidence regarding safety?	Alpert: decision not based on reasoned judgment; would make intersection more dangerous.	City: substantial evidence supported safety improvements and planning rationale.	Decision not arbitrary or capricious; supported by substantial evidence.

Hopkins v. City of Mendenhall, 116 So. 3d 166 (Miss. Ct. App. 2013) (limited review; de novo for questions of law; substantial evidence standard)