Neighbors to appeal Fairview Inn ruling: "Neighbors of Jackson's Fairview Inn who sued the city over a 2004 zoning decision said they will appeal a judge's ruling that was handed down last week. Hinds County Circuit Judge Bobby DeLaughter upheld a city zoning amendment that let the Fairview serve walk-ins at its restaurant. Previously, the historic bed and breakfast in Jackson's Belhaven neighborhood could serve only lodgers and people who made restaurant reservations. The Jackson City Council in 2004 created a new special-use classification in its zoning ordinance. The classification allowed bed and breakfasts with attached restaurants in residential neighborhoods to operate as public restaurants. The only business in the city it applied to was the Fairview Inn, at 734 Fairview St. Neighbors sued the city, saying the change amounted to spot zoning. Mark and Anita Modak-Truran live at 735 Fairview St., across from the inn...along with neighbors Daniel and Katherine Baker, all of whom are lawyers, filed the suit. The Fairview has continued to operate its public restaurant throughout the legal proceedings....DeLaughter wrote in his decision that the city's amendment modifies a use definition unique to bed and breakfast inns that already are required to be listed or eligible for listing as state or federal historic structures. 'Thus, the amendments do not open the proverbial floodgates unleashing commercial development that would be inconsistent with the Belhaven Historic Preservation District,' DeLaughter wrote. Crane Kipp, attorney for former Fairview owner Carol Simmons, called the decision even handed. Simmons and her husband, William, joined the city's side of the suit in 2004. They later sold the Fairview but maintained a financial interest in the suit's outcome, Kipp said. William Simmons died last month at 91....Peter and Tamar Sharp, who bought the Fairview in August 2006, are not involved in the suit. "
Labels: Business, Codes, Food
