COWAN v. GULF CITY FISHERIES, INC

ROBERTSON, Presiding Justice, for the Court:

The decision in this case is controlled by our opinion this day rendered in " Cowan, et al. v. Gulf City Fisheries, Inc., et al.", Miss., 381 So.2d 158 insofar as the parcel (193' X 150') is concerned.

As to that parcel, the order of the Circuit Court of Jackson County of September 8, 1978, affirming the action of the Pascagoula City Council in granting a use permit and variance, is affirmed.

This case was considered by a conference of the judges en banc.

AFFIRMED.

PATTERSON, C.J., and SUGG, WALKER, LEE and BOWLING, JJ., concur.

COFER, J., SMITH, P.J., and BROOM, J., dissent.

COFER, Justice, dissenting:

I am constrained to dissent.

For the reasons stated in my dissent in Cowan, et al., v. Gulf City Fisheries, Inc., et al., Miss., 381 So.2d 158, 1980, I dissent in this case.

SMITH, P.J., and BROOM, J., join in this dissent.