Zoning/Use Permit: Denial Of Mental Health Facility Permit Was Arbitrary And Capricious

Tuesday, December 17, 2013 12:00 am
Land Use Law Report, Volume 41, Number 12

A clinic that identified its intended property use as "psychiatric partial hospitalization" might have avoided a lot of trouble--and the costs of litigation--if it had matched its use description to the zone’s permitted use: "medical or paramedical clinic." Doing otherwise triggered the scrutiny of city officials who apparently didn’t want a psychiatric facility in a historic district.

Facts: Psycamore, LLC challenged a denial of its application for a certificate of occupancy to operate a mental health treatment facility in the City of Ocean Springs, Mississippi. The City requires any occupant who wants to change the use of an existing structure to obtain either a certificate of occupancy or a special use permit beforehand. If the proposed use is a specifically permitted use within the property’s zoning district, then the City must issue the certificate of occupancy. However, if the proposed use is not a permitted use, then the occupant must obtain a use permit for the non-conforming use[..]


Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or service@proedtech.com. You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team