Legal Opinion · Dissent

Duckett v. MAYOR OF OCEAN SPRINGS

Court of Appeals of Mississippi

Decided December 15, 2009No. 2008-CA-01329-COAPublished

1DissentCarlton, J.

¶ 17. Po-boys and gumbo constitute types of food.3 Therefore, I must respectfully dissent and submit that the City of Ocean Springs’ (“the City”) interpretation of the zoning ordinance was logically based on the plain language of the ordinance. I agree with the City’s position that it was merely interpreting its zoning ordinance.

¶ 18. In this case, the City determined the intended use qualified under the ordinance as a permitted use in the C-4-B zone at issue. This C-4-B zone permitted use allows, on its face, services and supplies, including food and beverages, for boats and watercraft that…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Barbour v. StateMississippi Supreme Court · 2008
  3. Jones v. City of HattiesburgMississippi Supreme Court · 1949
  4. Stroud v. City of AspenSupreme Court of Colorado · 1975
  5. City of Jackson v. RidgwayMississippi Supreme Court · 1972

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