Sunray DX Oil Co. v. City of Jackson, 44884
| Decision Date | 29 April 1968 |
| Docket Number | No. 44884,44884 |
| Citation | 209 So.2d 838 |
| Parties | SUNRAY DX OIL COMPANY, Mrs. Katie H. Smiley, Mr. Herbert S. Owens et ux. v. CITY OF JACKSON, Mississippi. |
| Court | Mississippi Supreme Court |
Henley, Jones & Henley, John Land McDavid, Lee B. Agnew, Jackson, for appellant.
E. W. Stennett, Val Surgis, W. T. Neely, Jackson, for appellee.
Sunray DX Oil Company and Mrs. Katie H. Smiley, Herbert S. Owens and wife, Mrs. Stella H. Owens, hereinafter called applicants, applied to the City of Jackson for a re-zoning of a parcel of land at the southwest corner of the intersection of Raymond Road and Shady Lane Drive. The requested change was from A-1 residential to commercial. Applicants are the optionee and owners, respectively, of said property, which, if re-zoned, is to be used for the erection of a modern gasoline service station. After certain protests, numerous written statements for and against the application, and various maps, plans and photographs were filed, the Zoning Committee of the City of Jackson recommended that the application be denied because (1) the re-zoning would not be in keeping with the residential properties and character of the neighborhood; (2) the proposed use would not be compatible with the existing land use; and (3) the re-zoning would not promote the health, safety, morals and general welfare of the neighborhood. The City Council by a divided vote denied the application. Applicants appealed to the Circuit Court where the order of the City Council was affirmed. Applicants then appealed to this Court.
On the north side of Raymond Road, east of Shady Lane, the following property is zoned commercial and is occupied by the following establishments: a service station located on the northeast corner, a drive-in food store, a liquor store and five lots further east another drive-in food store.
A tract on the southeast corner of said intersection of approximately 300 feet on Raymond Road and 300 feet on Shady Lane is zoned commercial. On this tract there is a service station facing Raymond Road and an appliance repair shop facing Shady Lane. East of this commercially zoned property on the south side of Raymond Road a tract of land was recently re-zoned A-3, residential, to authorize the erection of a 45 unit apartment complex. The other property in the immediate area east of Shady Lane is zoned residential and is so occupied.
West of Shady Lane and north of Raymond Road the property is all residential except a church on the corner opposite applicants' property.
The block west of Shady Lane and south of Raymond Road is all zoned residential and so occupied except Brent's Nursery located about four lots west of the intersection. The nursery, a non-conforming commercial use in a residential area, was established before the city was zoned. A school is located on the southwest corner of this block.
A zoning ordinance is presumed to be valid and one assailing its validity has the burden of proof to establish that the ordinance in invalid or unreasonable, arbitrary or discriminatory as to his property. Ballard v. Smith, 234 Miss. 531, 107 So.2d 580 (1958). This is the frame of reference within which this Court considers the several points argued by appellants.
Appellants contend that the uncontradicted proof shows that their land is surrounded by commercial, quasi-commercial and public uses and that the City had a duty to re-zone it to permit commercial uses. We are unable to agree with the premise upon which this argument is based. The property east of Shady Lane on each...
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City of Jackson v. Husbands, 45718
...mind that the city council's order is prima facie correct and the presumption is in favor of its reasonableness. Sunray DX Oil Co. v. City of Jackson, 209 So.2d 838 (Miss.1968); Howie v. Autrey, 209 So.2d 904 (Miss.1968); Fowler v. City of Hattiesburg, 196 So.2d 358 We have said over and ov......
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...Ridgewood Land Co. v. Moore, 222 So.2d 378 (Miss.1969); Martinson v. City of Jackson, 215 So.2d 414 (Miss.1968); Sunray DX Oil Co. v. City of Jackson, 209 So.2d 838 (Miss.1968); Lewis v. City of Jackson, 184 So.2d 384 (Miss.1966); Westminster Presbyterian Church v. City of Jackson, 253 Miss......
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... ... Court of the First Judicial District of Hinds County, Mississippi, wherein an order of the City Council of the City of Jackson denying the rezoning of certain property owned by the appellee was ... City of Jackson v. Husbands, supra; Sunray DX Oil Co. v. City of Jackson, 209 So.2d 838 (Miss.1968); City of Jackson v. Wilson, 195 So.2d 470 ... ...
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