MJJG Restaurant LLC v. Horry County (Lawyers Weekly No. 002-074-15, 40 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-00885; D.S.C. Holding: Although defendants’ zoning regime requires businesses to apply for a license and to demonstrate that they are a permitted use before ...Read More »
Mitchell v. City of Greenville (Lawyers Weekly No. 010-037-15, 3 pp.) (Per Curiam) S.C. S. Ct. Holding: Even though an attachment that is mentioned in the respondent-city’s ordinance cites two methods for electing municipal officials, the body of the ordinance ...Read More »
Furr v. Horry County Zoning Board of Appeals (Lawyers Weekly No. 011-134-14, 7 pp.) (Aphrodite Konduros, J.) Appealed from Horry County Circuit Court (J. Michael Baxley, J.) S.C .App. Holding: Because Horry County ordinances neither permit nor prohibit a hospice ...Read More »
AGI Associates LLC v. City of Hickory, N.C. (Lawyers Weekly No. 001-209-14, 16 pp.) (Davis, J.) No. 13-2097, Dec. 11, 2014; USDC at Statesville, N.C. (Voorhees, J.) 4th Cir. Holding: A city acted in a proprietary, not a governmental, capacity ...Read More »
City of Myrtle Beach v. Tourism Expenditure Review Committee (Lawyers Weekly No. 010-016-14, 14 pp.) (John W. Kittredge, J.) (Kaye G. Hearn, J., joined by Donald W. Beaty, J., dissenting) Appealed from the Administrative Law Court (Carolyn C. Matthews, ALJ) ...
Tagged with: advisory committeeRead More »
Town of Hollywood v. Floyd Where the defendant-developers wanted to put a subdivision on a dangerous curve on a narrow road, the plaintiff-town did not violate the developers’ equal protection rights when the town required the developers to conduct a traffic study. The developers failed to point to any similarly situated developments that received different treatment: Stono Plantation was approved long before the town adopted its ordinances; Wide Awake Park is a public park rather than a subdivision, was already developed when the town acquired it, and required consolidation rather than subdivision of lots; and Holly Grove is a low-income, “planned development” subject to a different approval process than residential subdivisions.
Tagged with: public inspectionRead More »
Moore-King v. County of Chesterfield, Va. A Virginia county may require a “spiritual counselor” who offers psychic readings to obtain a business license and follow local zoning laws; the 4th Circuit says she is entitled to some First Amendment protection, but the county has not unconstitutionally abridged her free speech rights, nor has it violated RLUIPA or plaintiff’s right to equal protection.
Tagged with: psychicRead More »
Historic Charleston Foundation v. City of Charleston Where every other property in the 400 block of King Street is zoned 3X (a maximum building height of three times the distance from the facade of the building to the center of the street), there is a considerable amount of property adjoining the rezoned building that falls within the proposed classification.Read More »