City of Jackson v. Cunningham

PATTERSON, Justice:

This is an appeal from a judgment of the Circuit Court of the First Judicial District of Hinds County which reversed an order of the Jackson City Council. The City Council found the appellees had not introduced sufficient evidence of changed circumstances to warrant, rezoning of the subject property from A-l Residential to A-2 Residential (apartments).

The critical issue before the Court is whether the City Council acted in an arbitrary, capricious and discriminatory manner in denying the request for rezoning.

The record reflects that there is substantial evidence to support…