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Zoning Bulletin September 25, 2012 Volume 6 Issue 18 <br />shall be entitled to a public hearing before the governing body of the <br />city, with due notice thereof after publication for the time and as <br />provided in this section." <br />The City maintained that because the PZC recommended approval <br />of McKee's rezoning application, he was not an aggrieved party and <br />was not entitled to a public hearing before the Board under § 17-1-17. <br />DECISION: Reversed, and matter remanded. <br />The Court of Appeals of Mississippi held that McKee's due process <br />rights were violated when the Board failed to notify him of the board <br />meeting where it considered, and ultimately denied, his rezoning <br />request. <br />In so holding, the court noted that: "[w]hile the plain language of <br />[17-1-17] supports the City's position, it produces a result that is in- <br />consistent with . . . existing case law." Pursuant to case law, "in <br />proceedings before city zoning authorities, due process requires notice <br />and 'the opportunity to be heard at all critical stages of the process.' " <br />The court acknowledged that if the Board had been bound by the <br />PZC's recommendations, then McKee would not have been due notice <br />of the Board's hearing on his zoning request. However, since the Board <br />was not bound by the PZC's recommendation, and the Board could <br />deny McKee's request even where the PZC recommended approval, <br />then McKee was due notice of the hearing, said the court. In other <br />words, held the court: "even where a party has not been aggrieved by <br />the recommendation of the city engineer or advisory committee, he is <br />still entitled to notice of the hearing before the governing body of the <br />city where the rezoning request is considered." <br />Here, the court concluded that because McKee was not given notice <br />of the Board's meeting where his rezoning request was denied, he was <br />denied .due process. Consequently, the court remanded the case to the <br />Board for a properly noticed hearing on McKee's rezoning request. <br />See also: Thrash v. Mayor and Com'rs of City of Jackson, 498 So. <br />2d 801 (Miss. 1986). <br />© 2012 Thomson Reuters 9 <br />