Neighbors file appeal over grocery store

Published 12:00 am Saturday, June 24, 2000

In a last minute effort to keep a grocery and laundromat out of their neighborhood, a group of North Union Street residents filed an appeal Friday of a recent Natchez Board of Aldermen decision.

In their June 13 meeting, aldermen overturned an April 11 ruling by the Natchez Zoning Board of Adjustment to grant a variance to Ronnie Herbert of Natchez. The variance allows Herbert to open and operate a grocery and washateria at 901 N. Union St., an area zoned for residential use.

Attorney Tim Waycaster of Waycaster & Waycaster said he served the appeal documents on behalf of the residents to the mayor’s office late Friday afternoon.

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&uot;It’s done and it’s done properly,&uot; Waycaster said.

The city code states all appeals of board of aldermen decisions must be made within 10 days after the adjournment of the meeting at which the decision was made.

The &uot;aggrieved party&uot; must file a Bill of Exceptions, which states the basis of the appeal and carries attachments of meeting minutes minutes pertaining to the issue.

The bill must be approved by a city official and then filed with the city clerk. The city clerk then hands the bill over to the circuit court, which hears the appeal.

Waycaster said he also served a copy of the bill to the circuit clerk Friday.

According to the zoning ordinance, appeals of zoning board decisions must be tried by the mayor and board of aldermen based &uot;solely on the question of whether the (zoning) board has acted beyond the limits of its powers or abused its discretion.&uot;

Waycaster said his clients believe the mayor and board did not make their decision using the proper criteria, but instead retried the case set before the zoning board.

&uot;They didn’t follow the standard provided for in the zoning board ordinance,&uot; he said.

Nancy Hungerford, Natchez Children’s Home executive director, expressed her opposition to the proposed business at the June 13 meeting.

Upon advisement of the children’s home board of directors, Hungerford said the children’s home will not be part of the appeal. The home for abused and neglected children is located across the corner from the site of the proposed business.

Herbert was not available for comment.