JACKSON, BUSINESSMAN NOTCH WINS IN DISPUTE

JACKSON, Mo. -- With more decisions to come, the city of Jackson and businessman Jack Priest each won one in court last week in their continuing disagreement over the truck refrigeration units stored on Priest's property along the East Main Street extension.

Last summer, Priest and other property owners along the north side of the East Main street extension sought to have their property rezoned from R-2 (single-family residential) to C-2 (general commercial). The city had been after Priest to clean up the property or possibly erect a fence if it would shield the site from view.

At the time, the owner of a nearby residence called Priest's land an "eyesore."

Priest claims the right to operate his business on the property as he wants and says it was grandfathered in when the property was annexed into the city in the 1970s.

Last June the Jackson Board of Aldermen went against its Planning and Zoning Commission's recommendation and denied Priest's request to rezone the property to C-2 and rejected a motion to rezone the property to R-3 (multifamily residential.) But when Alderman Joe Bob Baker asked for a chance to reconsider the latter decision, the board on July 3 reversed itself and established the R-3 rezoning.

Last week, Circuit Judge William L. Syler upheld the city's right not to rezone Priest's property from R-2 to C-2. But the court set aside the city ordinance rezoning the property from R-2 to R-3.

Syler made the later ruling because the city exceeded the time limit for altering its rezoning by one day.

City Administrator Steve Wilson questions what Priest accomplished in restoring R-2, the most restrictive zoning, to the 53.5-acre parcel. He said the city rezoned the property from R-2 to R-3 to give the owners more choices on how they develop their property.

"I don't know what they've gained if they call it a victory," he said.

On the advice of his attorney, Priest declined comment, citing pending litigation.

The suit against the city was brought by John V. Priest, Ethel Mae Priest and Edna Hawthorne.

The city's nuisance suit against Priest and his counterclaim are now in the discovery process, with a ruling expected in late spring or early summer.

The city seeks to have "debris" removed from the property. Priest's counterclaim contends his business was grandfathered into the city.