ZONING & PLANNING - MISSISSIPPI

Hatfield v. Board of Supervisors of Madison County

Supreme Court of Mississippi - August 10, 2017 - So.3d - 2017 WL 3452426

After property owner was found to have violated county zoning ordinance and he failed to correct the violation the county board of supervisors found property owner violated ordinance by keeping or raising around 60 ducks, geese, or other fowl on property.

Property owner appealed. The Circuit Court affirmed and property owner appealed.

The Supreme Court of Mississippi held that board of supervisor’s determination that property owner violated zoning ordinance by keeping or raising ducks, geese, or fowl on property was not arbitrary or capricious.

Property owner’s property was located in a residential estate district, which permitted breeding, raising, and feeding of grazing livestock but did not specifically permit the breeding, raising or feeding of chickens, ducks, turkeys, or other fowl, as was permitted in an agricultural district.



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