Hutchins citizen contests auto recycling permit

JIM WILLIAMS
Staff Writer

HUTCHINS - Nancy Howell presented a 'Notice of Appeal' to Mayor Artis Johnson during city council regular session Dec. 9 concerning a special use permit issued for an auto recycling operation near U.S. Highway 75 and Interstate Highway 20.

Johnson accepted the paperwork without response.

Howell has been a regular in the audience at city council meetings for nearly a year.

She has become a city activist and managing editor of The Hutchins Newsletter. Mike Cook is publisher.

Howell said Montel O. Tessman asked them to file the 'Notice of Appeal' on his behalf to the Hutchins Zoning Board of Adjustments.

Within the written appeal, Howell stated Tessman owns property within 200 feet of Lloyd Miller's property.

Howell asked action be taken on this appeal under authority granted to Hutchins Zoning Board of Adjustments by city and state laws. She stated Tessman believed significant legal errors were made by the city council Oct. 7 in its granting of a special use permit to Lloyd and Pat Miller to conduct an auto recycling operation inside the city limits.Howell stated the council's action was arbitrary, invalid and an abuse of its discretionary authority, exhibited further by its failure to date to respond to a formal 'Notice of Errors' presented to the council on Nov. 18. Howell stated the following grounds for this appeal were as follow:

*Failure to protect Tessman from harm to his property

*Failure to protect the public's health and general welfare

*Failure to provide adequate public legal notice

*Failure to provide private legal notice

*Failure to comply with Hutchins Zoning Ordinances

*Failure to comply with Hutchins 2000 comprehensive plan

*Failure to comply with state laws

*Failure to comply with federal laws

Howell said they were asking for the following:

*Order a stay of all activities of the Millers involving the special use permit now under appeal

*City council to immediately transmit to the Hutchins ZBA all papers constituting the record of their action under appeal

*Set a reasonable time for the ZBA appeal hearing

*Give public notice of the hearing and due private notice to all parties in interest

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