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Zoning – Municipal – Civil Practice – Appeals – Mootness – Permit Granted

By: Teresa Bruno//August 7, 2018

Zoning – Municipal – Civil Practice – Appeals – Mootness – Permit Granted

By: Teresa Bruno//August 7, 2018

Where (1) the circuit order required the appellant-city to issue a zoning permit to respondent; (2) the city requested a stay, which the circuit court denied; (3) the city did not ask the Court of Appeals to stay the order pending the outcome of the appeal; (4) the city issued respondent a permit to construct the billboard in question; and (5) respondent has constructed the billboard at significant cost and has collected rents from a third party pursuant to a new lease, the city’s decision to grant the permit pending appeal has resolved this dispute and rendered its appeal moot.

Appeal dismissed.

Christ Central Ministries v. Columbia Board of Zoning Appeals (Lawyers Weekly No. 011-071-18, 4 pp.) (James Lockemy, C.J.) Appealed from the Circuit Court in Richland County (Tanya Gee, J.) Patrick Wright and Dana Thye for Appellant; Jerry Jay Bender for Respondent. S.C. App.

 

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