County’s argument in that court either. The County has indicated that it is not seeking an injunction based on the definition of a “family.” The County’s position is that short-term rentals to transient guests are not a permitted use, regardless of whether the renters are a nuclear family, a group of college students, or any other group. The discussion in the text is not based on the definition of "family” and applies equally to all short-term rentals to transient guests. 8 . See, e.g., Yarbrough v. Camphor, 645 So.2d 867, 872 (Miss. 1994); Lincoln Cty. v. Entrican, 230 So.2d 801, 804 (Miss. 1970); McCaffrey's Food Mkt. Inc. v. Miss. Milk Comm’n, 227 So.2d 459, 463 (Miss. 1969). 9 . Cf. Garrett Enters. Consol., Inc. v. Allen Utils. LLC, 176 So.3d 800, 803 (¶ 8) (Miss. Ct. App, 2015) (<HOLDING>). BARNES, J., DISSENTING: ¶ 21. I respectfully
holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency holding issue not raised in the bankruptcy court was waived on appeal holding that court will not consider issue raised for first time on appeal