By Rupert Howell

JACKSON— The Mississippi Supreme Court last Thursday ordered the City of Batesville to take another look at a request from Memphis Stone and Gravel to operate a gravel pit in the southern part of the town reversing earlier decisions by the state Court of Appeals and circuit court.

Justice Ann Lamar said the court could not determine from the record of the case how the city reached the conclusion that the gravel pit would be legal according to AP’s report which stated, “Lamar said the board of aldermen should allow opponents and Memphis Stone to present evidence to support their positions. She said aldermen should then provide more specifics on whatever conclusion it reaches.”

“We vacate the decision of the Court of Appeals and reverse the trial court and the Board, remanding to the Board for further proceedings consistent with this opinion,” the ruling concludes.

The case stems from homeowners Scott and Mona Harrison’s appeal of a 2009 Circuit Court decision to allow mining near their home on Highway 35 within Batesville’s city limits.

The Harrisons and other neighbors had objected to the city’s Planning Commission’s recommendation — and the city board of Mayor and Alderman’s approval — of the change of classification of the land use so that it could be mined.

They then asked the Mississippi Court of Appeals to overturn the city’s decision to grant a temporary zoning variance to allow an existing mining operation to extend its operation into the city limits near their home.

In March the Court of Appeals agreed with the Harrisons, reversing the circuit court decision that upheld the city’s actions and alleging the decision to allow mining constituted “illegal spot zoning.”

The City of Batesville then appealed the appellate court’s decision to the State Supreme Court. Had the high court decided not to hear the case, it would have ended. But now, after hearing the case and vacating decisions of both the circuit and appellate courts, the case is back in the hands of the City of Batesville.

Both Harrisons have family members connected with the City of Batesville as Alderman Stan Harrison is Scott’s brother and attorney Colmon Mitchell is the brother of Mona Harrison.

City board members have yet to take action on the latest ruling as it was released between their regular monthly first and third Tuesday meetings.