Vulcan Lands, Inc. v. City of Olive Branch

MODIFIED OPINION ON MOTION FOR REHEARING

KING, C.J.,

for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted in its stead.

¶ 2. The request of Vulcan Lands, Inc. and Vulcan Construction Materials, LP (Vulcan) for a conditional use permit to operate an aggregate sales yard in Olive Branch was denied by the City of Olive Branch. Aggrieved by that decision, Vulcan has appealed, and raises the following issues which we quote verbatim:

I. Vulcan is entitled to operate an open storage yard on its property as a permitted use.

II. The…