JACKSON, Miss. (AP) — The state Court of Appeals has heard arguments in a zoning dispute between a movie theater developer and the city of Olive Branch.
Ambarish Keshani of Cinema Group Inc. argues in his lawsuit that the city’s blocking of his theater was illegal.
The Commercial Appeal reports (http://bit.ly/1sfr0KN ) Olive Branch city attorney Bryan Dye told the court in oral arguments Wednesday that city officials were within their authority to deny the rezoning request that would have allowed the theater.
Keshani first went before the board of aldermen on Jan. 15, 2013, asking to rezone property so he could build a theater. Keshani also owns and operates other theaters in the Memphis area.
Aldermen voted 5-2 to rezone the property but rescinded their vote on Jan. 28 after determining they’d used erroneous information in approving the request. Another hearing was held Feb. 19 for the rezoning and a group of nearby residents protested the theater.
Aldermen voted 6-1 against the rezoning, blocking the theater development, known as TinselTown Cinema, a product of Cinema Group.
A Desoto County judge upheld the city’s action last November.
Keshani’s attorney, Billy Myers, said city officials didn’t base their case on evidence or factual information. Despite the rift with the city, Myers said his client still wants to open a movie theater complex in Olive Branch.
The Appeals Court gave no indication when it will rule.
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Information from: The Commercial Appeal, http://www.commercialappeal.com
