Court sides with Pscyamore House in zoning fight

OCEAN SPRINGS, MS (WLOX) - The Mississippi Supreme Court has ruled the city of Ocean Springs was wrong to deny a psychiatric clinic a certificate of occupancy so it could open.

In 2011, Pscyamore House on Iberville Drive met with opposition from neighbors who said the psychiatric clinic was too close to a residential neighborhood, even though the area where the clinic was located was zoned for commercial use.

In its ruling, the Mississippi Supreme Court concluded, "Because the city planning commission ignored its own definition, past practices, and all of the relevant evidence when it denied Psycamore's certificate of occupancy, we find that the denial was clearly arbitrary and capricious."

The court affirmed the ruling of the Jackson County Circuit Court reversing the decision of the city. The court said Ocean Springs must now take action consistent with the court's ruling.

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