Lee County Circuit Court rejects request for relief, new hearing in Flowerdale lawsuit
Mar. 8—TUPELO — Weeks after residents and business owners from west Tupelo filed a motion for relief that would have reversed the court's ruling and granted a new hearing, a Lee County Circuit Court judge denied the request with no further discussion or deliberation.
First District Judge Paul Funderburk on Tuesday filed a response to a motion that argued the city erred in approving the 46-unit apartment complex Flowerdale Commons and that Funderburk erred in affirming the decision.
"Having reviewed the motion and responses, and being otherwise fully advised, the court finds that it is not well-taken," Funderburk wrote. "It is therefore ordered that the instant motion is denied."
This order was the latest in a long line of legal filings aimed to stop the developers from constructing the complex, which has been billed as an affordable housing project. The project will receive housing tax credits from the state.
"Tupelo has been behind us from the beginning, and we appreciate Judge Funderburk's quick and simple ruling," Oxford-based Developer Britton Jones said. "Calls are pouring in for people excited for our new housing, and that's no surprise. Tupelo's growing, and we're excited to grow with it."
With this rejection, the appellants, which include a host of residents and business owners, could take their legal battle to a higher state court, but it is unclear if they will do so.
Rochelle Tullos, whose name is among the appellants, said she was unsure if the group will appeal to the state Supreme Court or Court of Appeals. She said she still believed the city and court erred in allowing developers to build the project until infrastructure needs could be met.
Adrian Caldwell, who is also a party to the appeal, said she was also unsure if the appellant group would make further challenges.
Attempts to reach the Tupelo-based attorney William Spencer, who filed the request for relief on behalf of the appellants, were unsuccessful.
