The Mississippi Supreme Court has long given deference to the interpretation by cities and counties of their ordinances, including zoning ordinances. In a case decided on February 3, 2022, the Court has stated that it will no longer defer to the interpretation of local ordinances by cities and counties. This case is an important change in zoning law in Mississippi because the case will make it easier to overturn decisions of cities and counties regarding whether to rezone the property. Persons seeking rezonings and other land use permissions will want to make sure that rezonings comply with applicable zoning ordinances and not rely solely on the interpretation and actions of local officials.
The case in Wheelan v. City of Gautier, Miss. Supreme Court No. 2019-CT-01062-SCT (Feb. 3, 2022).