Legal Opinion

Harrison v. Mayor of Batesville

Mississippi Supreme Court

Decided November 3, 2011No. 2009-CT-00981-SCTPublishedCited by 7 opinions

1Opinion of the Court

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court:

¶ 1. In this certiorari case, we consider whether the Mayor and the Batesville Board of Aldermen (collectively the “Board”) erred in granting a variance to allow mining in an area zoned single-family residential and community business. The Mississippi Court of Appeals found that it had and reversed and rendered. However, its opinion provided little discussion of the applicable zoning ordinance governing variances. That ordinance allows the Board to grant a variance due to “practical difficulties or unnecessary hardships.” While the Batesville…

2Cases cited16 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  3. Sprouse v. MISSISSIPPI EMP. SEC. COM'NMississippi Supreme Court · 1994
  4. Barnes v. Board of Sup'rs, DeSoto CountyMississippi Supreme Court · 1989
  5. Palmer v. Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1972

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3Cited by7 opinions

  1. Baymeadows, LLC v. City of RidgelandMississippi Supreme Court · 2014
  2. Como Steak House, Inc. v. Board of Supervisors of Panola County, MississippiMississippi Supreme Court · 2016
  3. Butterworth v. The City of AshevilleCourt of Appeals of North Carolina · 2016
  4. Baymeadows, LLC v. City of Ridgeland, MississippiMississippi Supreme Court · 2012
  5. Eamon Mohiuddin v. Jackson County, Mississippi Board of Supervisors and Ocean Springs Islands RV Resort, LLCMississippi Supreme Court · 2025

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