McKee v. City of Starkville
97 So. 3d 97
Miss. Ct. App.2012Background
- McKee sought to rezone 0.75 acres from R-2 to R-5 to expand his apartment complex; Planning Commission unanimously recommended approval.
- Board of Aldermen denied the rezoning despite Planning Commission’s recommendation, basing denial on perceived lack of neighborhood-change proof.
- McKee appealed to the Oktibbeha County Circuit Court, which affirmed the Board’s decision.
- McKee filed a bill of exceptions; controversy arose because it lacked the mayor’s signature, and the City filed its own bill of exceptions.
- The issue developed around whether notice and due process were satisfied, and whether the Board’s decision had the requisite evidentiary support; the court addressed subject-matter jurisdiction and notice procedures.
- The court ultimately held that McKee’s due process rights were violated due to lack of notice of the Board’s meeting and reversed/remanded for a properly noticed hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was McKee denied due process for failure to notice the Board hearing? | McKee asserts lack of notice violated due process. | City argues statute allows notice requirements, but not necessarily for aggrieved party. | Notice required; due process violated; remand for properly noticed hearing. |
Key Cases Cited
- Thomas v. Bd. of Supervisors, 45 So.3d 1173 (Miss. 2010) (arbiter’s actions reviewed for arbitrary or substantial evidentiary basis)
- Faircloth v. Lyles, 592 So.2d 941 (Miss. 1991) (standard for reviewing zoning decisions)
- Childs v. Hancock County Bd. of Supervisors, 1 So.3d 855 (Miss. 2009) (fairly debatable and substantial evidence standard)
- Wilkinson County Bd. of Supervisors v. Quality Farms, Inc., 767 So.2d 1007 (Miss. 2000) (bill of exceptions as the appellate record; jurisdictional importance)
- Hooks v. George County, 748 So.2d 678 (Miss. 1999) (procedural rules for bills of exceptions and amendments)
- Hall v. City of Ridgeland, 37 So.3d 25 (Miss. 2010) (two bills of exceptions and jurisdiction)
- Carpenter v. City of Petal, 699 So.2d 928 (Miss. 1997) (due process requires notice and opportunity to be heard)
- Thrash v. Mayor & Comm’rs of Jackson, 498 So.2d 801 (Miss. 1986) (due process in zoning proceedings)
- Reed v. Adams, 236 Miss. 333 (1959) (proper signature and form of bill of exceptions)
- Stewart v. City of Pascagoula, 206 So.2d 325 (Miss. 1968) (completeness of record essential for jurisdiction)
- Dunaway v. Dunaway, 749 So.2d 1112 (Miss. Ct. App. 1999) (jurisdictional questions may be raised sua sponte)
- Waits v. Black Bayou Drainage Disk, 186 Miss. 270 (1939) (statutory and procedural notice principles in appeals)