Zoning and Land Use
Zoning is a major aspect of contemporary land use law. The firm of Stennett, Wilkinson & Peden has represented scores of clients in zoning cases.
Zoning in Mississippi and many other states is based upon the Standard State Zoning Enabling Act prepared by the United States Department of Commerce in 1926 and recommended to the states. Mississippi immediately enacted most of the recommended legislation as a part of Mississippi law. In 1926, the United States Supreme Court upheld the constitutionality of zoning in the case of Village of Euclid v. Amber Realty Co., arising from Ohio.
Virtually every Mississippi municipality of any size and several Mississippi counties have adopted Zoning Ordinances to govern land use development in their jurisdictions. Many municipalities and counties have also adopted Comprehensive Plans to guide growth. Rezoning property from one classification to another, securing Conditional Uses and Use Permits, and securing variances enables clients to develop land.
In recent years, such federal statutes as the Telecommunications Act, the Religious Land Use and Institutionalized Persons Act, the Fair Housing Act, and the Americans with Disabilities Act have begun to impact local zoning. Contemporary land use law also includes such items as the establishment of homeowners associations and the promulgation and enforcement of restrictive covenants. Stennett, Wilkinson & Peden represents clients in such matters.