Dicks v. City of Natchez, 48216
| Decision Date | 15 September 1975 |
| Docket Number | No. 48216,48216 |
| Citation | 319 So.2d 214 |
| Parties | Dr. John B. DICKS, Owner of Glenburney, Appellant, v. CITY OF NATCHEZ, Mississippi, et al., Appellees. |
| Court | Mississippi Supreme Court |
Brandon, Handy & O'Beirne, Natchez, for appellant.
Zuccaro, Riley, Pintard & Brown, Gwin & Gwin, John T. Green, Natchez, for appellees.
Before PATTERSON, INZER and SUGG, JJ.
This appeal is from a judgment of the Circuit Court of Adams County affirming an ordinance of the City of Natchez dated September 13, 1972, which rezoned a tract of land from B-2 (commercial) to O-L (open land). The tract had been rezoned on May 1, 1972, with other land from O-L (open land) to B-2 (commercial) by an ordinance of the city. The issues before the Court are whether the last rezoning ordinance was legally effective to correct an alleged mistake of the prior rezoning ordinance and if so, what effect this rezoning would have upon an option of purchase for a use consistent with the B-2 classification.
On September 7, 1971, Dr. Dicks, the appellant, filed an application with the City of Natchez to rezone sixteen acres of open land to B-2 (commercial) for the construction of a 120-bed hospital and necessary hospital-type facilities. The land was described as 'part of City Tax Map 69, Block 1, Lot 1 (see map attached).' We discern the area sought to be rezoned is a portion of a larger tract known as Glenburney and is situated on the east side of John R. Junkin Drive. Pursuant to the application the Natchez Metropolitan Planning Commission, hereinafter commission considered the area for rezoning. Its minutes of January 20, 1972, reflect the following:
Glenburney, east side of John R. Junkin Drive. Proposed hospital site, 16.5 acres located on the west portion of Glenburney property located on the east side of the John R. Junkin Drive, as depicted by a proposed Site Development Plan for Glenburney, Natchez, Mississippi, by Virden and Roberson, Ltd., architects, Greenville, Mississippi, which plan is on file in the office of the Natchez Metropolitan Planning Commission of Adams County, City Hall, Natchez, Mississippi.
Using the site plan submitted by the applicant, Mr. Winter described the different parcels and noted the park area and buffer park strip provided between the housing development and a nursing home and the Glenwood Subdivision. He noted that the John R. Junkin Drive frontage of the proposed hospital site, for a depth of approximately 300 feet, was excluded from the land to be considered for rezoning so that it would not be used for commercial purposes and would remain O-L. . . .
At this meeting Dr. Dicks' attorney stated for the record that the original developers of the proposed hospital were no longer connected with the project, but that the applicant for rezoning expected to pursue the objective of hospital construction on the basis of the site layout and other drawings.
At a subsequent meeting the commission again considered the application for reclassification and concluded with the following recommendation to the Mayor and Board of Aldermen of the City of Natchez:
The Commission considered first the application for the re-classification of a portion of the Glenburney property from O-L to B-2 to permit construction of a hospital. In the discussion, it was brought out by Mr. West that additional hospital beds are badly needed in Natchez. It was moved, seconded, and so ordered to recommend to the Mayor and Board of Aldermen the rezoning of the Glenburney property from O-L to B-2, the amendment to carry the following conditions:
1. That the hospital be developed substantially as proposed and indicated on the site plan submitted December 17, 1971, except as minor modifications may be approved by the Planning Commission.
2. (Not applicable.)
3. (Not applicable.)
4. That upon failure to develop the area, in general accord with the submitted site plan, within one year, no permit for the construction of any structures within the area shall be issued until the area has been examined and rezoned for its appropriate use.
5. (Not applicable.)
The mayor and board of aldermen, following the commission's recommendation, gave notice to the public of a hearing to be held on March 13 to consider the reclassification. The property described in the notice follows:
Reclassify portions of the Glenburney property located on the east side of the John R. Junkin Drive, as depicted by a Proposed Site Development Plan for 'Glenburney', Natchez, Mississippi, by Virden and Roberson LTD., Architects, Greenville, Mississippi, which plan is on file in the Natchez Metropolitan Planning Commission of Adams County Office, City Hall, Natchez, Mississippi.
A. Hospital site, 16.5 acres located on the west portion of Glenburney and extending from John R. Junkin Drive to the rear lot line. Re-classify from O-L Open Land to B-2 Commercial; except that portion of the property within 300 feet of John R. Junkin Drive would remain O-L Open Land.
For clarity we note that the 300-foot exception to the 16.5-acre tract of Glenburney sought to be rezoned for a hospital site abuts John R. Junkin Drive for a distance of 727.9 feet and, by our computation, approximates five acres.
At the March 13 meeting of the mayor and board of aldermen the issue of reclassification was presented and discussed. The appellant presented as a witness Mr. Virden, an architect, who stated that the requirements previously suggested by Arch Winter and the members of the planning commission had been met. The appellant's attorney then requested, after noting the suggested changes had been made, that the board of aldermen approve the rezoning. The issue, however, was not resolved and the meeting was continued until March 27. The matter was discussed, objections heard, at this and several recessed meetings until it was ultimately moved on May 1 and unanimously carried that the hospital site, containing 16.5 acres, be rezoned from O-L (open land) to B-2 (commercial).
The ordinance of the city zoning the property as open land was thereafter amended to reflect its new classification. The rezoned property was described as:
Portions of the Glenburney property located on the east side of John R. Junkin Drive in the City of Natchez, Mississippi, as depicted on Map of Subdivision of Glenburney prepared by Jordan, Kaiser & Sessions, Civil Engineers, which plan is on file in the office of the Planning Commission of the City of Natchez, Mississippi.
A. Hospital site, containing 16.8 acres, more or less, located on the north portion of Glenburney and extending from John R. Junkin Drive to the rear lot line. Re-classify from O-L Open Land to B-2 Commercial.
It will be noted that the 300-foot (5 acres) exception on the east side of John R. Junkin Drive was not included in the amended ordinance.
On July 6, 1972, more than two months after rezoning the hospital site to commercial and after time for appeal of the ordinance had expired, the appellant agreed to sell three acres of the property to Charles Laird of the Laird Funeral Home for $50,000. The three acres optioned for sale lies largely within the 300 feet immediately east of the John R. Junkin...
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