Tinseltown Cinema, LLC v. City of Olive Branch, Mississippi

36. Because the majority oversteps its bounds by disturbing the Board’s decision, I cannot join them.

87. Our court is not supposed to interfere with a Board’s decision unless it is arbitrary and capricious.9 And here the Board’s decision was neither. Since the Board’s decision was supported by substantial evidence that Tinseltown’s proposed development would negatively impact the general welfare of the City of Olive Branch, I dissent.

I. The First Decision

38. If any decision was possibly arbitrary and capricious, it was the Board’s original January 15, 2013 decision to approve Tinseltown’s…