Citizens of Tupelo have filed a lawsuit against Tupelo Builders, claiming that the development violates local building codes.
Tupelo business owners and citizens sued a west-of-Tupelo residential development proposal. They had to block the 46 Unit construction.
Residents And Business Owners Sued Over A Proposed Apartment Complex In Flowerdale
According to court documents, nearly sixteen individuals have filed lawsuits against the City of Oxford and developers Stewart Rutledge, Britton Jones, and Flowerdel Commons LP for approving alternative site plans for the construction of a moderate-cost apartment complex.
The Appellants in the lawsuit filings are Jonathan Conn and Larry Brown, Donnie Eklin, Frank Anger, Kathy Nowlin, Doodle McCoy, Cyndi Butler, Linda Garner, Sharon Cresswell, Adrian Caldwell, Micheal Chidester, Chuck Herrington, MGA investment, LLC, Tupelo Buffalo park, Franklin Collection Service and Waddle Trucking of Mississippi Incorporation.
The lawsuit questions the municipality’s building choice. State rules required the county circuit court to be an appeal court, not a trial court.
Many residents approached the City Council and the Tupelo Planning Committee to talk about the project several months ago. All the listed appellants have discussed with the counsel either through a vote or meeting them in person.
Grower & Hewes of Jackson, Grantham, and Sheldon Alston of Brunini have verified the group’s hiring. According to him, the builders aren’t following city zoning restrictions, and the neighbors aren’t supportive.
Alison had argued that flowerdale’s application did not comply with all the requirements of Chapters 12 and 6 of the city development code. Chapter 12 focuses on the application process, whereas Chapter 6 discusses the design standards and the City’s comprehensive plans.
He also claimed the proposal violated federal building standards near military and public airports. Apartments should operate as a buffer between zones, even if the building is in a mixed-use-employment neighborhood, he said.
Alison stated, “The Code forbids standalone multifamily developments without commercial or employment uses.” Moreover, he wrote that the City’s approval of the builder’s application is unjustified, unreasonable, and capricious. Contrary to the city law codes, it was illegal under them.
However, Shane McLaughlin (Tupelo-based Attorney), representing the developers and builders, says the appeal is baseless. He further said, “The City did exactly what it was meant to do when it gave approval to the project and followed the law.” Also, he said that if the City had not approved the project, it would have violated the ordinances.
The City Attorney Ben Logan had stated that the court would decide the outcome of this lawsuit. And the City would collect all the required documents to proceed further with the case.