With no explanation, chose the best option from "A", "B", "C" or "D". use, site plan, and subdivision plat met the existing zoning requirements, as acknowledged by the City in the May 16, 2007 letter quoted herein, then the City possessed no discretion to deny the permit without a legally valid reason. The circuit court failed to review whether any legally valid reason existed to deny approval of the site plan or subdivision plat. This Court in Vineyard Investments, LLC, 999 So.2d at 441-42 (¶ 10), acknowledged that an applicant’s right to erect a building, which met current zoning requirements, was absolute, and this Court reversed and remanded the case to the circuit court. ¶ 49. Based upon the foregoing reasons, I respectfully dissent. RUSSELL, J., JOINS THIS OPINION. 2 . See McKee v. City of Starkville, 2010 WL 3547993 *4 (¶ 12) (Miss.Ct.App.2010) (<HOLDING>); Childs v. Hancock County Bd. of Supervisors,

A: holding that legislative functions such as powers of zoning and rezoning cannot be delegated
B: holding that county councils action in delaying consideration of zoning permit was not legislative
C: recognizing that zoning and rezoning are legislative matters
D: holding that judicial notice of law legislative facts or factual matters that are incontrovertible are admissible
C.