June 19, 2019 11:12:29 AM
It's one, two, three strikes, you're out on the old ballgame.
That same rule should apply when it comes to a lawsuit that has delayed progress on a proposed industrial park in Starkville.
On Tuesday, the Mississippi Court of Appeals declined a request to again take up a lawsuit by a group of Starkville land-owners against the city of Starkville over a proposed industrial park.
This latest court ruling comes two years after circuit court judge Jim Kitchens ruled in the city's favor. The land-owners took the matter to the Court of Appeals, which ruled in the city's favor in January.
The landowners then took their case to the Mississippi Supreme Court, which declined to hear arguments, sending the case again to the Court of Appeals.
Tuesday's ruling is not just three strikes, it's four.
This should be the end of the matter. After failing to make their case in front of both the circuit court and court of appeals and being denied a hearing at both the supreme court, and now, the court of appeals, there is no reasonable expectation that the rezoning would be reversed.
Any continued litigation only serves to delay the inevitable and hurts Starkville. The industrial park project has been delayed by more than two years as the property owners pursued their right to challenge the matter in court.
They have had their day (days) in court and have failed to convince the court at all three levels. There is, therefore, no ambiguity about the legality of the rezoning.
In the interest of the community, the land-owners should end all legal challenges.
It's time to move on.
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