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Page 8 -- November 25, 1999 <br /> <br />z.g. <br /> <br /> There were 28 rezonings in the area and a trend towards higher density use. <br />Construction of the development would not adversely affect the real estate <br />values of nearby residential properties, and the property was not capable of <br />development as then zoned. Nearby, an apartment building, a center for troubled <br />teenagers, and a nine-story condominium had been built. It was reasonable to <br />believe the character of the neighborhood had changed. <br /> When deciding public need, the council could consider information ob- <br />tained at the hearing, its own common knowledge, and its familiarity with the <br />area. Columbia stated there were only six facilities in the area that offered this <br />type of living for the elderly and only two were in the city proper. As then <br />zoned, the property produced no tax revenue. Rezoning the property would <br />greatly increase the tax revenue, and this increase should also be considered. <br /> Preserving an ex/sting residential area was a valid city goal. An amend- <br />ment to a zoning ordinance was not meant to be easy or otherwise the ordi- <br />nance would be a meaningless scrap.0f paper. Even so, a decision by a local <br />government board was presumed valid, and the burden was upon the person <br />seeking to set it aside to show it was arbitrary and unreasonable. But, it was <br />within the court's power to reverse a rezoning ordinance adopted on insuffi- <br />cient proof. <br /> In the present case, however, substantial evidence was presented by both <br />sides. Thus, the decision must be said to be at least fairly debatable, which was <br />beyond the court's authority to overturn. <br />Citation: Fondren North Renaissance v. City of Jackson, Supreme Court of <br />Mississippi, No. 1998-CA-OISJ5-SCT (1999). <br />see also: Curriev. Ryan, 243 So. 2d 48 (1970). <br />see also: Saunders v. City of Jackson, 511 So.2d 902 (1987). <br /> <br /> Zoning Bulletin <br />To order Zoning Bulletin, call (800) 229-2084, or complete and return this <br />form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, <br />or fax (800) 539-8839. <br /> $99 (plus $5.81 s&h)-- 1 year (24 issues) <br /> <br /> El New subscription El Payment enclosed <br /> El Renewal subscription El Bill me ZBN9 <br /> <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City State <br />Phone Fax <br />'Email <br /> <br />Zip <br /> <br />/?2 <br /> <br /> <br />