S.C. Public Interest Foundation v. Lucas (Lawyers Weekly No. 010-044-16, 14 pp.) (Costa M. Pleicones, C.J.) (John Cannon Few, J., Dissenting) Original Jurisdiction, S.C. S. Ct. Holding: In this constitutional challenge of the 2015-16 Appropriations Act, petitioners contend that the ...Read More »
Constitutional – Substantive Due Process – Bivens Action – Alternate Process – Writ of Mandamus – Wildlife Refuge Access
Livingson v. United States (Lawyers Weekly No. 002-075-16, 25 pp.) (David Norton, J.) 2:15-cv-00564; D.S.C. Holding: Even if, as plaintiffs allege, a U.S. Fish and Wildlife Service employee granted an exclusive permit to navigate the Cape Romain National Wildlife Refuge’s ...
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Doe 203 v. Berkeley County School District (Lawyers Weekly No. 002-191-15, 9 pp.) (Patrick Michael Duffy, J.) 2:14-cv-03575; D.S.C. Holding: The plaintiff-mother alleges that, after plaintiff told the defendant-principal that another student was sexually abusing her daughter, the principal left ...Read More »
Hampton v. Edgerton (Lawyers Weekly No. 002-163-15, 18 pp.) (J. Michelle Childs, J.) 4:14-cv-04697; D.S.C. Holding: Defendants had evidence that plaintiff’s girlfriend – who was not on his lease – was living with him. Since plaintiff declined to add his ...Read More »
Haas v. South Carolina Department of Motor Vehicles (Lawyers Weekly No. 002-144-15, 5 pp.) (J. Michelle Childs, J.) 6:14-cv-04246; D.S.C. Holding: Plaintiffs’ lawsuit seeks to have the South Carolina Department of Motor Vehicles recognize a marriage license as evidence of ...
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Constitutional – Eminent Domain – Regulatory Taking – Investor’s Expectations – Flood Plain – Administrative
Columbia Venture, LLC v. Richland County (Lawyers Weekly No. 010-099-15, 25 pp.) (John Kittredge, J.) Appealed from Richland County (John Hamilton Smith Sr., Special Referee) S.C. S. Ct. Holding: Plaintiff bought land that was mostly in a flood plain, even ...
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Constitutional — Due Process & Equal Protection – Municipal – Landlord/Tenant – Commercial Lease – Pier Restaurant
Sono Irish, Inc. v. Town of Surfside Beach (Lawyers Weekly No. 002-102-15, 27 pp.) (R. Bryan Harwell, J.) 4:13-cv-00249; D.S.C. Holding: Once plaintiff’s lease expired, the defendant-town could refuse to do business with plaintiff; therefore, plaintiff cannot establish a property ...Read More »
American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-099-15, 21 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: As the defendant-school district concedes, its previous practice for graduation prayers was unconstitutional. However, defendant’s new position neither ...Read More »
Constitutional — First Amendment – Establishment Clause – Schools & School Boards – Graduation Ceremonies – Standing
American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-093-15, 6 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: Although some of defendant’s schools use a Christian chapel for graduation ceremonies, the plaintiff-parents have moved out of ...
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Parker v. State (Lawyers Weekly No. 011-047-15, 3 pp.) (Per Curiam) Appealed from Greenville County Circuit Court (D. Garrison Hill, J.) S.C. App. Unpub. Holding: Plaintiff alleges an inverse condemnation claim under the South Carolina Constitution based on his wrongful ...Read More »