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KELLY D. SIMPKINS OBTAINS FAVORABLE RULING IN MID-AMERICA APARTMENTS, L.P., ET AL. V. CITY OF RIDGELAND, MISSISSIPPI AND SUNCHASE OF RIDGELAND, LTD, ET AL. V. CITY OF RIDGELAND

The Circuit Court of Madison County, Mississippi entered an order affirming the October 18, 2016 Amendments to the official zoning ordinance of the City of Ridgeland. On October 18, 2016, the City of Ridgeland amended its ordinance to, among other things, address a settlement agreement reached with HUD. The Plaintiff apartment complexes filed a bill of exceptions challenging the validity of the 2016 Amendments claiming that the amendments did not comply with a conciliation agreement reached between the City and HUD and the amendments were arbitrary and capricious. After extensive briefing and oral argument, the Court disagreed with the Plaintiff apartment complexes and confirmed the Board’s decision. The Court ruled that the amendments were consistent with the conciliation agreement. Among other findings, the Court also noted that the City’s continued application of the “50% rule” (a rule stating that when a non-conforming structure is damaged such that the cost of repairs exceeds 50% of the tax assessed value, the structure may not be rebuilt) was not a new rule and had been contained in the City’s ordinances prior to 2014. To obtain a copy of the Circuit Court’s opinion, please contact Kelly D. Simpkins.

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