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Board remands conditional-use extension appeal back to planning commission, cites procedural errors
Summary
Harrison County supervisors remanded an appeal over a conditional-use extension for a subdivision back to the planning commission after concluding the commission treated the request as a new permit instead of ruling on whether the developer made statutory progress to merit an extension.
The Harrison County Board of Supervisors remanded an appeal over a conditional-use permit extension back to the county planning commission after hearing attorneys, applicants and opponents who said the planning commission did not decide the narrow legal issue the board is authorized to review.
The case concerns a subdivision whose conditional-use permit was originally granted in February 2022. The county code allows an initial 6-month period and up to four automatic six-month extensions as long as the applicant demonstrates ongoing progress toward the subdivision; together those steps total two-and-a-half years. The extension request at issue was submitted within that…
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