After city council passed ordinance rezoning parcel of downtown property, resident, individually and as president of non-profit corporation designated as downtown area’s district management group, filed bill of exceptions seeking reversal of rezoning decision.
The Circuit Court denied city’s motion to dismiss and ultimately reversed city council’s decision. City appealed.
The Supreme Court of Mississippi held that:
- Bill of exceptions is a jurisdictional requirement for the circuit court to hear an appeal, overruling Bowen v. DeSoto Board of Supervisors, 852 So.2d 21;
- Resident’s failure to include signature of municipal board’s president on bill of exceptions did not deprive Circuit Court of jurisdiction; and
- Trial court did not abuse its discretion in determining that resident had associational standing to appeal rezoning decision.