The Clinton News
	CLINTON'S COMMUNITY NEWSPAPER SINCE 1949
	Clinton, Mississippi Thursday, October 2 2003 50 Cents <<Read Opinion 9/25/03 Guest Column Read News 1/8/04>>
	Court Case Cited Lack of Evidence From City October 2, 2003      Tony Hisaw stated last week in The Clinton News in a guest column that "the court ruled that the city can grant any conditional use it desires in any zoning classification."  This statement cannot be found in Judge Green's ruling at all.      Judge Green's ruling concluded that "the city did not, under the circumstances, act with reason and in due regard for the legal principles of law governing the interpretation of its ordinances. The court finds no credible proof or substantial evidence to substantiate that the city's decision that its March 1997 or even its April 1997 ordinances, as amended, are applicable to the Welches' treehouse." -Judge Tomie Green      In other words, the judge said that in this particular case, the city provided no evidence that this treehouse was regulated by the ordinance, consequently a conditional use was not required.      During the Aug. 6, 2002, Board meeting, City Attorney Ken Dreher said as recorded in the transcript, "It's not required that the city provide a legal opinion to the mayor and board."  In contrast, our attorney, Steven H. Smith, presented the public hearing transcripts, inspections, petitions, testimony, real estate records and pages of supporting briefs.     Green said the city provided no credible evidence that the treehouse violated the ordinance in light of the "overwhelming weight of substantial evidence" provided by the Welches.     The city provided no evidence that the zoning administrator investigated the circumstances surrounding the treehouse prior to issuing a letter that threatened legal action, a violation of ordinance 2401.01.  Initially, the zoning administrator refused our right to a public hearing which forced us to seek legal counsel.  The Planning & Zoning Commission voted 4 to 1 for "no recommendation" to the mayor and aldermen, a violation of ordinance 2411.03, providing no evidence that the treehouse violated the ordinance.      If the city had followed the ordinance and provided real evidence before the Board's August 6, 2002 vote, they may not have appeared arbitrary.      The Court's ruling posted at SaveOurTreehouse.com upholds proper enforcement of the ordinance. Scot and Mary Welch Clinton