A legal challenge against Starkville’s recently approved comprehensive plan was set in motion Thursday after a Jackson-based attorney filed a bill of exceptions in Oktibbeha County Circuit Court.
It states the parties will continue to supply the court with “a complete, factual record of proceedings…leading up to” Starkville’s adoption of the plan, but it does not state the grounds for a future challenge.
The filing was made by Dewey Hembree, of McGlinchey Stafford PLLC, on behalf of Laura B. White and LMK LLC. The Mississippi Secretary of State’s business directory lists Starkville residents Larry W. Bell, Loren S. Bell and Mary S. Bell as LMK’s agents, officers and directors.
Hembree declined to comment on the litigation until his clients authorized him to do so.
Mayor Parker Wiseman said the city attorney will work to defend the city’s plan.
“In my eight years of doing this, I don’t recall any process involving more public input than this one,” he said.
Last week, the Starkville Board of Aldermen approved the plan, which took 18 months and more than $150,000 to develop, with a 4-3 vote. The matter was supported by Ward 1 Alderman Ben Carver, Ward 3 Alderman David Little, Ward 4 Alderman Jason Walker and Ward 5 Alderman Scott Maynard and opposed by Ward 2 Alderman Lisa Wynn, Ward 6 Alderman Roy A. Perkins and Ward 7 Alderman Henry Vaughn.
It identified approximately 8,000 acres of undeveloped land within Starkville’s limits and recommended more mixed-use developments – districts that combine retail and housing – and “complete streets” with pedestrian, bicycle and transit access.
The plan also sets guidelines for future zoning and land use, which the city will use when it rewrites its development codes.
The document’s author, the Tennessee-based firm Walker Collaborative, worked with the city throughout the comprehensive planning process and held numerous public input sessions. The comprehensive plan’s agenda item notes a public kick-off meeting was held on July 21, 2015, followed by meetings with community leaders and focus groups (Aug. 11-12, 2015), a September build-out scenario session, a charrette held Oct. 19-22, 2015, and four public input sessions (Feb. 22, March 30, May 26 and Sept. 28).
Dissent among aldermen
While Vaughn and Wynn previously criticized the plan for a perceived failure to outline development opportunities in north and west Starkville, Perkins on Thursday said aldermen supporting the document “shoved it down the throats of the taxpayers” without significant board-level discussions on future land use designations, specifically optional districts that give the city flexibility with commercial, industrial, residential and conservatory districts.
“This is a radical and liberal intrusion into Starkville’s zoning rules and regulations,” he said. “I’m against the optional districts included in this document. There are things in there that would have addressed other issues, but optional districts create a lot of unknown conditions for the future.”
Last week, Wynn moved to table a vote on the document until January, but it died without the five votes – a supermajority – needed for passage.
“The majority of the board strong-armed this document with very little input, and that’s absolutely wrong. It has a citywide effect, so we should get feedback – as much as we can – because it’s all about doing what’s best for the city of Starkville,” Perkins said. “They did not want to wait. What was the rush? This was about the people. They’ve held other sessions, but this is at the board level. We should have at least had a couple of additional public hearings.”
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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