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<br />September 25,20091 Volume 31 No. 18 <br /> <br />Zoning Bulletin <br /> <br />Spot Zoning-City adopts zoning amendments, n <br />effectively allowing inn to operate a restaurant <br /> <br />Neighbors challenge adoption of amendments as <br />impermissible spot zoning <br /> <br />Citation: Modak-Truran v. Johnson, 2009 WL 2462418 (Miss. 2009) <br /> <br />MISSISSIPPI (08113/09)-The Fa'irview Inn (the "Inn") was located <br />in a residential zone in the city. In 1993, the city granted the owners <br />of the Inn a permanent use permit to operate a "Bed and Breakfast <br />Inn, Class B." Under the city's zoning ordinance~ a "Bed and Break- <br />fast Inn, Class B" was an owner-occupied dwelling where a portion of <br />the dwelling was "available for short-term lodging and where recep- <br />tions ?r other social gatherings may be held." Meals could be served <br />to lodgers or guests of receptions and other social gatherings: <br />In 2003, the Inn began to advertise itself as a restaurant open to the <br />public. The Inn took the position that serving meals to the public on <br />a reservation-only basis qualified as a "social gathering." They main- <br />tained that it therefore did not violate its use permit as a Class B bed <br /> <br /> <br />J. <br /> <br />WEST@ <br /> <br />610 Opperman Drive. P.O. Box 64526. St. Paul, MN 55164-0526 <br />1-800-229-2084. email: west.customerservice@thomsonreuters.com.west.thomson.com/quinlan <br />ISSN 0514-7905 . @ 2009 Thomson Reuters. All Rights Reserved. <br />Quinlan™ is a Thomson. Reuters brand. <br /> <br />2 <br /> <br />@ 2009 Thomson Reuters <br /> <br />72 <br /> <br />.~ <br /> <br />(~) <br /> <br />(.- ) <br />