dissenting:

I am constrained to dissent.

*168For the reasons stated in my dissent in Cowan, et al. v. Gulf City Fisheries, Inc., et al., 381 So.2d 158 (1980), I dissent in this case.

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

for the Court:

The decision in this case is controlled by our opinion this day rendered in “George B. Cowan, et al. v. Gulf City Fisheries, Inc., et al.”, Miss., 381 So.2d 158.

The Order of the Circuit Court of Jackson County of September 8, 1978, affirming the action of the Pascagoula City Council in granting a building permit on the parcel involved in 381 So.2d 158, is affirmed.

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

AFFIRMED.