South Carolina Lawyers Weekly

Reverse spot zoning – a novel concept in South Carolina – occurs when a zoning ordinance restricts the use of a property when virtually all the property’s adjoining neighbors are not subject to the use restriction. In order to promote ...

Tagged with: Zoning

Although the appellant-county had appealed an order temporarily enjoining enforcement of its Ordinance No. 4869, since the county asserted that respondent was violating several other ordinances, the circuit court retained jurisdiction to determine whether to temporarily enjoin respondent’s operation of ...

Recycling other contractors’ concrete and masonry debris is not customarily incidental and subordinate to the maintenance of heavy construction equipment; therefore, such recycling is not an accessory use of the heavy equipment operator’s business. We reverse the circuit court’s decision ...

Between the time when the petitioner-church built its sanctuary and when it sought to build its fellowship hall, the respondent-county imposed new construction restrictions pursuant to its creation of an airport overlay district. However, since (1) the church’s development permit ...

Although Bostic v. City of W. Columbia, 268 S.C. 386, 234 S.E.2d 224 (1977), found an ordinance that flatly prohibited variances conflicted with the enabling legislation at issue, the current enabling legislation specifically authorizes local governing bodies to “preclude the ...

The plaintiff-church’s 1997 development permit said, “All permits expire two (2) years from the date of approval unless substantial improvement has occurred”. Although the church made “substantial improvement” by completing “Phase I” of its planned development—a sanctuary and parking lot—that ...

Where a church’s petition to operate on property made substantial efforts to comply with the applicable zoning laws and was not opposed by the relevant authorities, the denial of the petition after objections from the surrounding community constituted religious discrimination. ...

Only a week before trial, the state disclosed a witness who was represented by an attorney in the public defender’s office in obtaining a deal for his testimony against defendant. Although no explicit screening mechanism was in place between that ...

Tagged with: Attorneys

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 ...

Tagged with: Municipal

Siena Corp. v. Mayor & City Council of Rockville Maryland (Lawyers Weekly No. 001-185-17, 17 pp.) (J. Harvie Wilkinson III, J.) No. 16-1732; Oct. 13, 2017; USDC at Greenbelt, Md. (Roger Titus, S.J.) 4th Cir. Holding: Although plaintiff bought land ...

Tagged with: Constitutional