Cowan v. Gulf City Fisheries, Inc.

Full title: George B. COWAN et al. v. GULF CITY FISHERIES, INC., et al

Court: Supreme Court of Mississippi

Date published: Apr 2, 1980

381 So. 2d 166 (Miss. 1980)

Opinion

No. 51580.

March 5, 1980. Rehearing Denied April 2, 1980.

Appeal from Circuit Court, Jackson County, Darwin M. Maples, J.

Karl Wiesenburg, William T. Reed, Pascagoula, for appellants.

Frank J. Hammond, Jr., Moss Point, Charles W. Ford, Melvin L. Mitchell, Pascagoula, for appellees.

Before ROBERTSON, P.J., and LEE and BOWLING, JJ.

ROBERTSON, Presiding Justice, for the Court:

The decision in this case is controlled by our opinion this day rendered in " Cowan, et al. v. Gulf City Fisheries, Inc., et al.", Miss., 381 So.2d 158 insofar as the parcel (193' X 150') is concerned.

As to that parcel, the order of the Circuit Court of Jackson County of September 8, 1978, affirming the action of the Pascagoula City Council in granting a use permit and variance, is affirmed.

This case was considered by a conference of the judges en banc.

AFFIRMED.

PATTERSON, C.J., and SUGG, WALKER, LEE and BOWLING, JJ., concur.

COFER, J., SMITH, P.J., and BROOM, J., dissent.

COFER, Justice, dissenting:

I am constrained to dissent.

For the reasons stated in my dissent in Cowan, et al., v. Gulf City Fisheries, Inc., et al., Miss., 381 So.2d 158, 1980, I dissent in this case.

SMITH, P.J., and BROOM, J., join in this dissent.