South Carolina Lawyers Weekly

Respondent was convicted in a municipal court bench trial of violating Sullivan’s Island Town Code §§ 21-75 and 5-10 in the construction of his dock. Because there was no evidence that respondent violated any provision of the ordinance, we affirm ...

Tagged with: Municipal

The respondent-town’s ordinances prohibit the construction of a dock that would interfere with navigation. Although the appellant-builder’s permit said the dock he was building was not to “exceed adjacent docks,” and although the new dock extended nine feet beyond adjacent ...

Plaintiffs alleged that defendants’ short-term rentals violated Charleston ordinances and damaged plaintiffs; however, plaintiffs presented no evidence of their damages. An affidavit by plaintiffs’ chairman asserting $2.2 million in damages was insufficient in that he provided no explanation for how ...

Even though appellants had already filed their circuit court appeal when the respondent-board of architectural review prepared and approved its order, the record—specifically, the hearing transcripts—provides factual support for the board’s decision, and the evidence indicates that the board considered ...

Pursuant to S.C. Code Ann. § 5-3-150(3), an annexation is complete only upon the acceptance of a petition – signed by all persons who own real estate in the annexed area – requesting annexation. Where the defendant-town never received a ...

The plaintiff-developer planned to develop property contiguous to the defendant-town, and the developer wanted the town to both annex the property and zone it so as to permit the planned development. Where the town voted to approve the annexation portion ...

  A party who can demonstrate that an annexing body engaged in nefarious conduct in purportedly complying with S.C. Code Ann. § 5-3-150 has standing to challenge the annexation. We reverse the Court of Appeals’ ruling that petitioners lacked standing. ...

When a Goose Creek police officer responded to a 911 call about a car on the side of a road that is within the Goose Creek town limits, the officer had jurisdiction to detain the car’s driver, despite the fact ...

Tagged with: Police Jurisdiction

The respondent-city’s business license fee ordinance required “gross income” to “conform to the gross income reported to the State Tax Commission or the State Insurance Commission” and allowed gross income to be verified via returns filed with the Internal Revenue ...

Tagged with: Business License

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

Tagged with: permit