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 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 1 of 11

IN THE CIRCUIT COURT OF MADISON COUNTY OF MISSISSIPPI

CANTON MAC HAIK CDJR LTD APPELLANTS

AND MH CANTON CDJR REALTY LTD
D/B/A MAC HAIK DODGE CHRYSLER JEEP RAM
A/K/A MAC HAIK ENTERPRISES,
AND
MADISON MAC HAIK CHEVROLET LTD
AND MH MADISON REALTY LTD
D/B/A MAC HAIK CHEVROLET
A/K/A MAC HAIK ENTERPRISES

VS. CIVIL ACTION NO.: 17-CV-00050-C

MADISON COUNTY BOARD OF SUPERVISORS RESPONDENT

SECOND AMENDED BILL OF EXCEPTIONS

The Appellants, CANTON MAC HAIK CDJR LTD AND MH CANTON CDJR REALTY
LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Dodge Chrysler Jeep Ram and
MADISON MAC HAIK CHEVROLET LTD AND MH MADISON REALTY LTD A/K/A MAC
HAIK ENTERPRISES d/b/a Mac Haik Chevrolet are aggrieved by the March 6, 2017 decision of
the Madison County Board of Supervisors which denied them certain sign variances for two
ground monument directional signs adjacent to Calhoun Parkway. Appellants appeal the decision
and denial of the Madison County Board of Supervisors in a timely manner and pursuant to
Mississippi Code Annotated 11-51-75 and file and present this First Amended Bill of Exceptions
along with its incorporated Exhibits which is to be made part of the Record for this appeal. Counsel
for the Madison County Board of Supervisors verbally advised the undersigned counsels office
that it was not necessary for the Board President to execute the First Amended Bill of Exceptions
since she would receive it from the filing system electronically.
1. On September 30, 2016, Mac Haik of Mac Haik Enterprises wrote the Madison County
Board of Supervisors requesting a signage variance to allow its Chrysler Dodge Jeep Ram and
Chevrolet dealerships that were under construction in Gluckstadt, Mississippi to display
appropriate and representative signage for its brands, as well as display appropriate and
representative directional and locational signage.1

2. On December 13, 2016, Carl Allen prepared a memorandum to the Madison County Board
of Supervisors regarding the Mac Haik dealership signage.2

1
See Exhibit 1, attached hereto and incorporated herein by reference.
2
See Exhibit 13, attached hereto and incorporated herein by reference, with its exhibits.

1
 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 2 of 11

3. On December 19, 2016, Carl Allen and others brought before the Board the Mac Haik
dealership signage request.3

4. Following the presentation to the board on the Mac Haik dealership signage, the Board
ordered that Mac Haik go back before the Planning and Zoning Commission with regard to its
ground site signage.4

5. On or about January 1, 2017, CANTON MAC HAIK CDJR LTD AND MH CANTON
CDJR REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Dodge Chrysler Jeep
Ram (Mac Haik CDJR) submitted an Application for Variance to the Madison County Planning
and Zoning Commission (Planning and Zoning Commission), pursuant to Section 2604 of the
Madison County Zoning Ordinance.5

6. Mac Haik CDJR is presently zoned C-2 and located in Madison County at the following
location:

A certain tract of land containing 112.0 square feet, more or less, situated in the
Northeast Quarter of the Northwest Quarter of Section 21, Township 8 North,
Range 2 East, Madison County, Mississippi, and being more particularly described
as follows:

Commencing at the Northwest corner of Section 21, Township 8 North,

Range 2 East, Madison County, Mississippi; run thence South 631511 East for
2352.90 feet, more or less, to the Point of Beginning of proposed sign area.

Thence South 771243 East for 14.00 feet, more or less, to a point; thence
South 124714 West for 8.00 feet, more or less, to a point; thence North
771243 West for 14.00 feet, more or less, to a point; thence North 124717
East for 8.00 feet, more or less, to the Point of Beginning.

Note: The above description is not based on actual on the ground survey and is
based on information supplied by others.6

3
See Exhibits 15 and 16, attached hereto and incorporated herein by reference. Exhibit 15 is a CD that contains
excerpts from the December 9, 2016, Board of Supervisors meeting that relates to the Mac Haik dealership signage.
Exhibit 16 is a CD that contains the entire Board of Supervisors meeting.
The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=12/19/2016
4
Id.
5
See Exhibit 2, attached hereto and incorporated herein by reference.
6
Id.

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 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 3 of 11

7. In its January 1, 2017 Application for Variance, Mac Haik CDJR applied for ground site
signage for signs I and J, one for its entrance and one for offsite, each being 41.16 square feet.7
During the submission and re-submission of its signs for approval, Mac Haik CDJR
reduced all of its request in the following ways:
A. Its original request for its building sign was 539.62 square feet, and the final size is
498.03 square feet;
B. Its original request for ground signage was 278.52 square feet, and the final size is
184.73 square feet;
C. Its original request for pole signs was 35 feet tall on the Interstate side and 20 feet on
the Autobahn side, and the final heights are 30 feet on Interstate side and an 8 feet tall
ground mounted sign on the Autobahn side; and
D. Its original request for a flag pole was 120 feet tall with a 1800 square foot flag, and
the final flag pole is 80 feet tall with a 15x25 flag (375 square feet).8

8. On or about January 1, 2017, MADISON MAC HAIK CHEVROLET LTD AND MH

MADISON REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Chevrolet (Mac
Haik Chevrolet) submitted an Application for Variance to the Planning and Zoning Commission,
pursuant to Section 2604 of the Madison County Zoning Ordinance.9

9. Mac Haik Chevrolet is presently zoned C-2 and located in Madison County at the following
location:
A certain tract of land containing 112.0 square feet, more or less, situated in the
Southeast Quarter of the Northwest Quarter of Section 21, Township 8 North,
Range 2 East, Madison County, Mississippi, and being more particularly described
as follows:

Commencing at the Northwest corner of Section 21, Township 8 North,

Range 2 East, Madison County, Mississippi; run thence South 381951 East for
2626.94 feet, more or less, to the Point of Beginning of proposed sign area.

Thence South 650447 East for 14.00 feet, more or less, to a point; thence
South 245513 West for 8.00 feet, more or less, to a point; thence North
650447 West for 14.00 feet, more or less, to a point; thence North 245513
East for 8.00 feet, more or less, to the Point of Beginning.

Note: The above description is not based on actual on the ground survey and is
based on information supplied by others.10

7
Id.
8
Id.
9
See Exhibit 3, attached hereto and incorporated herein by reference.
10
Id.

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10. In its January 1, 2017 Application for Variance, Mac Haik Chevrolet applied for ground
site signage for signs F and G, one for its entrance and one for offsite, each being 40.11 square
feet.11
During the submission and re-submission of its signs for approval, Mac Haik Chevrolet
reduced all of its request in the following ways:
A. Its original request for building signage was 317.28 square feet, and the final size
is 317.38 square feet;
B. Its original request for ground signage was 241.78 square feet, and the final size is
155.33 square feet;
C. Its original request for pole signs was 35 feet tall on the Interstate side and 28 feet
on the Autobahn side, and the final heights are 31 feet on the Interstate side and an 8 feet
tall ground mounted sign on the Autobahn side;
D. Its original request for a flag pole was 120 feet tall with a 1800 square foot flag,
and the final flag pole is 80 feet tall with a 15x25 flag (375 square feet).12

11. Mac Haik Chevrolet and Mac Haik CDJR were advised to re-appear before the Planning
and Zoning Commission, and on February 9, 2017, the Planning and Zoning Commission
conducted a hearing on these Applications, among other items.13

12. The Planning and Zoning Commission found, in a 5-0 vote as follows:

There next came on for consideration the petition of Mac Haik Chevrolet for variances for
an entrance sign on Autobahn Loop and directional sign on Calhoun Station Pkwy. Allen
Grant was present on behalf of the Petition. Mr. Haik was also present. Mr. Grant explained
the background of the project and various requests leading up to the current requests. He
acknowledged that they had been able to reduce signs already approved and the building
signs ended up being 30 feet instead of 40 feet, and the flag pole 80 feet in height instead
of 120 feet with a 16X35 flag. They are currently present requesting an entrance sign on
Autobahn Loop and a ground mounted directional sign off Calhoun Station Pkwy. They
are requesting the directional sign to help direct traffic to the dealership due to the location
of the businesses. They have obtained a lease on the other party's land for these directional
signs on Calhoun Station Pkwy. Commissioner McKay inquired regarding the sign height
and they agreed to make the sign a total of eight (8) feet in height. Commissioner McKay
also wanted to make sure that the sign does not block visibility in any way and they agreed
to send the plan to the County Engineer for review prior to Board of Supervisor
consideration to insure (sic) that the sign complies with the sign ordinances. He also wanted

11
Id.
12
Id.
13
See Exhibit 14, attached hereto, the Planning and Zoning Commissions 2/9/17 Minutes.

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 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 5 of 11

to make sure that the sign was internally illuminated and not outward facing, to which
petitioner also agreed.

***
Upon Motion by Commissioner Miller to approve the variance for the entrance sign on
Autobahn Loop to be limited to 8 feet in size, seconded by Commissioner Howard, with
all voting "aye" the motion to approve the variance passed. Upon Motion by Commissioner
McKay to approve the directional sign on Calhoun Station Parkway conditional upon the
sign being 8 feet or less in height, approved by the County Engineer as to appropriate sight
distance, and that a landscaping plan is also presented to the

Board with the request, seconded by Commissioner Brown, with all voting "aye," the
motion to approve the variance passed.
The same variances were presented next as to Mac Haik CDJR which will be adjacent to
the Chevrolet dealership. Having already discussed the issues at length, the Commission
entertained a motion. Upon Motion by Commissioner Miller to approve the variance for
the entrance sign on Autobahn Loop to be limited to 8 feet in size, seconded by
Commissioner Howard, with all voting "aye" the motion to approve the variance passed.
Upon Motion by Commissioner Miller to approve the directional sign on Calhoun Station
Parkway conditional upon the sign being 8 feet or less in height, approved by the County
Engineer as to appropriate sight distance, and that a landscaping plan is also presented to
the Board with the request, seconded by Commissioner Howard, with all voting "aye," the
motion to approve the variance passed.14

13. In other words, Planning and Zoning Commission approved both Applications with
a 5-0 vote.15

14. On March 6, 2017, the Madison County Board of Supervisors (Board of

Supervisors) held its meeting and the Director of the Planning and Zoning Commission, Carl F.
Allen, presented to the Board Mac Haik CDJR and Mac Haik Chevrolets signage variance
requests.

15. At the March 6, 2017 Board of Supervisors meeting, Mr. Allen advised the Board
of Supervisors as follows:16

A. Mac Haik CDJR and Mac Haik Chevrolet are currently being constructed.

14
See Exhibit 4, attached hereto and incorporated herein by reference.
15
Id.
16
See Exhibits 5 and 6 attached hereto and incorporated herein by reference. Exhibit 5 is a CD that contains
excerpts from the March 6, 2017 Board of Supervisors meeting. Exhibit 6 is a CD that contains the entire Board of
Supervisors meeting.
The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=3/6/2017.

5
 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 6 of 11

B. The signage issue related to these entities was brought up in a December 19,
meeting of the Board of Supervisors, and was sent back to the Planning and
Zoning Commission for review.17
C. As proposed by the Applications, each of the dealerships would have one sign
on the back side of the office park on Autobahn Loop.
D. The other two signs that were requested by the Applications are off premises
signs which front Calhoun Parkway. The location for these signs was
represented by being done under a ground lease.
E. The Planning and Zoning Commission recommended that these signs be
approved.
F. The sign ordinance does not specifically address off premises signs, but the
ordinance does empower the Board of Supervisors to grant specific requests for
signage that is not found in the sign ordinance.
G. The proposed off premises signs are behind the right of way on Calhoun
Parkway and there are ground leases set aside for those signs.
H. The Planning and Zoning Commission found these to be sign variances, and the
dealerships agreed to bring the height of the signs down to 8 feet.
I. The dealerships likewise voluntarily agreed to bring the flag height down to
eighty (80) feet (the flags are not at issue).

16. At the March 6, 2017 Board of Supervisors meeting, Mr. Alan Grant of Dean and Dean
Associates/Architects, on behalf of the dealerships, advised the Board as follows:18

A. The signs at issue on Autobahn Loop would be an eight (8) foot maximum.
B. There are currently no trees in this area.
C. There are currently two (2) car lots fronting on Calhoun Parkway in between
the dealerships and Autobahn, and two (2) more have been proposed.
D. Mac Haik CDJR and Mac Haik Chevrolets concerns are that there is no
Frontage Road access, as well as safety concerns due to a large curve on
Calhoun Parkway, people trying to make a U-turn at the light if they pass the
dealerships, seeing the dealerships once on Calhoun Parkway and access to the
dealerships.
E. The other signs and the flag granted to Mac Haik CDJR and Mac Haik
Chevrolet are on the Interstate side.
F. The signs are ground mounted eight (8) foot monument signs.

17. On March 6, 2017, the Board of Supervisors denied Mac Haik CDJR and Mac Haik
Chevrolets Applications for Variance19 as to the portions of the Applications that requested offsite
monument signs.20

17
See, Exhibit 10, attached hereto and incorporated herein by reference.
18
Id.
19
See Exhibits 2 and 3.
20
See Exhibits 5 and 6

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 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 7 of 11

18. Mac Haik CDJR and Mac Haik Chevrolet were aggrieved by the action of the Board of
Supervisors in their denial of their Applications for Variance and on March 15, 2017, appealed the
March 6, 2017, Board of Supervisors decision and denial to the Circuit Court of Madison County,
Mississippi.

19. In their March 15, 2017 filing, pursuant to Mississippi Code Annotated 11-7-211, Mac
Haik CDJR and Mac Haik Chevrolet reserved the right to amend their original Bill of Exceptions
for the purpose of curing omissions, defects, or inaccuracies and to include the Minutes of the
March 6, 2017 meeting of the Madison County Board of Supervisors, which minutes embody the
denials from which this appeal is taken, and which minutes had not yet been approved or otherwise
made available to Appellants for inclusion in their Bill of Exceptions.

20. These Minutes were approved and executed by the President of the Madison County Board
of Supervisors on March 20, 2017. These Minutes were incorporated prospectively in the first Bill
of Exceptions filed by the Appellants.

21. In their Bill of Exceptions, which was attached to their original Notice of Appeal, as Exhibit
A, the Appellants specifically reserved, pursuant to Miss. Code Ann. 11-7-211, their right to
amend the Bill of Exceptions to include these Minutes and/or cure any other omissions, defects or
inaccuracies.

22. Pursuant to Miss. Code Ann. 11-7-211, on March 23, 2017, counsel for the Appellants
gave counsel for the Madison County Board of Supervisors notice that they intended to amend
their Bill of Exceptions. Counsel for the Board has verbally acknowledged receipt of same to the
undersigneds office.

23. Further, on April 26, 2017, Katie Snell, the attorney for the Board of Supervisors advised
the undersigneds office that it was not necessary for the President of the Board, to sign the Second
Amended Bill of Exceptions, and that she would accept on behalf of Madison County.21

24. This Second Amended Bill of Exceptions correctly sets forth the facts, judgment and
decisions of the Board of Supervisors, and the record of all exhibits entered in this case is hereby
incorporated by reference and made a part of this Second Amended Bill of Exceptions, as set forth
herein above.

25. Those matters made exhibits hereto and incorporated fully be reference are as follows:

Exhibit 1 Mac Haik Enterprises September 30, 2016 letter to the Madison
County Board of Supervisors;

21
See Exhibit 12, attached hereto and incorporated by reference.

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 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 8 of 11

Exhibit 2 Mac Haik CDJRs January 1, 2017 Application for Variance;

Exhibit 3 Mac Haik Chevrolets January 1, 2017 Application for Variance;

Exhibit 4 February 9, 2017 Minutes of the Madison County Planning and

Zoning Commission;

Exhibit 5 CD that contains excerpts from the March 6, 2017 Board of

Supervisors meeting. The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=3/6/2017;
22

Exhibit 6 CD that contains the entire Board of Supervisors meeting.

The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=3/6/2017;
23

Exhibit 7 Madison County Zoning Ordinances, adopted February 2013;

Exhibit 8 Color photo of aerial view of Mac Haik CDJR and Mac Haik
Chevrolet presented as demonstrative evidence by Alan Grant of
Dean and Dean Associates/Architects at the March 6, 2017 meeting
of the Board of Supervisors;
Exhibit 9 Color photo of street view of Mac Haik CDJR and Mac Haik
Chevrolet presented as demonstrative evidence by Alan Grant of
Dean and Dean Associates/Architects at the March 6, 2017 meeting
of the Board of Supervisors;
Exhibit 10 December 19, 2016 Minutes of the Board of Supervisors;
Exhibit 11 Certified copy of Madison County Board of Supervisors Board
Minutes from its March 6, 2017 meeting, which were approved by
the Board on March 20, 2017;
Exhibit 12 March 28, 2017 E-mail from Katie Snell to Lara Ashley Coleman;
Exhibit 13 December 13, 2016, Memorandum from Carl Allen to the Madison
County Board of Supervisors re: Mac Haik Dealership Signage;
Exhibit 14 Certified copy of the Madison County Planning and Zoning
Commission Minutes from its February 9, 2017 meeting;

22
This exhibit is being filed conventionally with the Court.
23
This exhibit is being filed conventionally with the Court.

8
 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 9 of 11

Exhibit 15 CD which is an excerpt of the portion of the December 19, 2016

Board of Supervisors meeting that relates to the Mac Haik
Dealership Signage. The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=12/19/201
6 24 ; and
Exhibit 16 CD that contains the entire December 19, 2016, Board of
Supervisors meeting. The video is published online at
http://www.madison-co.com/elected-offices/board-of-
supervisors/archives2/?search_type=date&search_term=12/19/201
6 25
Exhibit 17 Email from Katie Snell to Lara Ashley Coleman, dated April 26,
2017, advising that she will accept service of the Second Amended
Complaint, and that is not necessary for Board President, to execute
same.
26. Pursuant to Mississippi Code Annotated 11-7-211, Mac Haik CDJR and Mac Haik
Chevrolet reserve the right to amend this Second Amended Bill of Exceptions for the purpose of
curing omissions, defects, or inaccuracies.

27. The record of all proceedings done and all exhibits entered in this matter is hereby
incorporated and made a part of this Second Amended Bill of Exceptions as if copied herein in
full in words and figures. The record of all proceedings done and all exhibits entered in this case,
to the extent not already affixed hereto and incorporated by reference, will be attached to this
Second Amended Bill of Exceptions when that record is provided by the Chancery Clerk of
Madison County, Mississippi; the Planning and Zoning Commission of Madison County,
Mississippi; or by other appropriate officials of Madison County, Mississippi.

24
This exhibit is being filed conventionally with the Court.
25
This exhibit is being filed conventionally with the Court.

9
 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 10 of 11

RESPECTFULLY SUBMITTED, this the 5th day of May, 2017.

/s/ Lawson Hester_________

J. Lawson Hester, Esq.
COUNSEL FOR CANTON MAC HAIK CDJR
LTD AND MH CANTON CDJR REALTY LTD
A/K/A MAC HAIK ENTERPRISES d/b/a Mac
Haik Dodge Chrysler Jeep Ram and MADISON
MAC HAIK CHEVROLET LTD AND MH
MADISON REALTY LTD A/K/A MAC HAIK
ENTERPRISES d/b/a Mac Haik Chevrolet
OF COUNSEL:
J. Lawson Hester, Esq. (MS Bar No. 2394)
lhester@pbhfirm.com
Lara Ashley Coleman, Esq. (MS Bar No. 10506)
lacoleman@pbhfirm.com
PETTIS, BARFIELD & HESTER, P.A.
4450 Old Canton Road, Suite 210 (39211)
Post Office Box 16089
Jackson, Mississippi 39236-6089
Telephone: (601) 987-5300
Facsimile: (601) 987-5353

10
 Case: 45CI1:17-cv-00050-c Document #: 20 Filed: 05/05/2017 Page 11 of 11

CERTIFICATE OF SERVICE

I, J. Lawson Hester, attorney of record for CANTON MAC HAIK CDJR LTD AND MH
CANTON CDJR REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Dodge
Chrysler Jeep Ram and MADISON MAC HAIK CHEVROLET LTD AND MH MADISON
REALTY LTD A/K/A MAC HAIK ENTERPRISES d/b/a Mac Haik Chevrolet do hereby certify
that I have this day caused to be sent MEC, a true and correct copy of the above and foregoing
document to the following:

Katie Bryant Snell, Esq.

Katie Bryant Snell, PLLC
741 Avignon Drive, Suite A
Ridgeland, Mississippi 39157

Attorney for the Madison County Board of Supervisors

SO, CERTIFIED, this the 5th day of May, 2017.

/s/ Lawson Hester_________

J. Lawson Hester, Esq.

4825-6027-7575, v. 1

11
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MAC HAIK ENTERPRISES

September 30, 2016

Madison County Board of Supervisors

125 West North Street
P.O. Box 608
Canton, MS 39046

RE: Mac Haik Gluckstadt - Variance Letter

Dear Sirs,
Mac Haik Enterprises is currently under construction on a new Chrysler Dodge Jeep Ram car
dealership, and a new Chevrolet car dealership on the sites depicted in the attached package.
As we understand, the Madison County Zoning Ordinance has specific requirements and
limitations as it pertains to signage on new buildings and sites. We respectfully request a Signage
Variance to allow our dealerships to display appropriate and representative signage for the
brands we sell as well as display appropriate and representative directional and locational
signage for our dealerships of which is outlined and detailed in the attached package.
Please understand that our Corporate Franchisor's require, nationally and internationally,
consistent signage to represent their product branding.
We respectfully thank you for your consideration of our request.

Regards,

11757 KATY FREEWAY SUITE 1500 HOUSTON, TEXAS 77079 (281) 496-7788 FAX: (281) 596-6444
WWW.MACHAIKENTERPRISES.COM

Exhibit 1
Case: 45CI1:17-cv-00050-c Document #: 20-1 Filed: 05/05/2017 Page 2 of 2