Valley Road appeal denied
Published 8:30 am Saturday, February 12, 2011
An appeal by Valley Road residents on the Lauderdale County Board of Supervisors’ decision to close a portion of the road has been denied by the Lauderdale County Circuit Court, and the Valley Road Action Committee is now seeking a re-trial.
According to the official January 31 ruling from Judge Lester Williamson Jr., “The law is well-established that an appeal from a Board of Supervisor’s decision is a limited one. This Court cannot substitute its own opinion, but must review the decision only to determine whether the Board’s decision ‘(1) was supported by substantial evidence, (2) was arbitrary or capricious, (3) was beyond the power of the administrative agency to make, or (4) violated some statutory or constitutional right of the complaining party.'”
Williamson reiterated in the ruling that his opinion on whether or not Valley Road should be closed was irrelevant, and that the issue at hand was whether the board had exceeded or violated its authority in closing the portion of Valley Road.
Whether or not it was the right decision, the ruling said, “the decision of the Lauderdale County Board of Supervisors was supported by substantial evidence, was not arbitrary or capricious beyond the Board’s powers, and did not violate any constitutional rights of the aggrieved parties.”
On February 8, the Valley Road Action Committee filed a motion for a new trial or for reconsideration.
According to the filing, “This Court based its ruling upon its finding that the Board of Supervisors heard “substantial evidence” to support its decision. (The party filing the motion) would show that the overwhelming weight of the evidence … was against the proposition of closing the road.”
Neither the attorney for the board of supervisors nor the attorney for the action committee could be reached for comment.