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Zoning – Municipal – Special Use Exception – Horse Stable – Residential District
Arkay, LLC v. City of Charleston (Lawyers Weekly No. 011-061-16, 12 pp.) (H. Bruce Williams, J.) (Paula Thomas, J., dissenting) Appealed from Charleston County Circuit Court (J.C. Nicholson Jr., J.) S.C. App. Holding: Charleston requires horse stables to be at least 100 feet away from residentially zoned districts. Respondent couldn’t get around that requirement by […]
Zoning – Sexually Oriented Business – Motion for Reconsideration – Discovery – Amended Ordinance – Municipal
Cricket Store 17, LLC v. City of Columbia (Lawyers Weekly No. 002-005-16, 11 pp.) (Terry Wooten, C.J.) 3:13-cv-03557; D.S.C. Holding: The parties were free to – and did – continue with discovery during the 10 months between the filing of defendant’s summary judgment motion and the trial court’s ruling on the motion. Furthermore, Fed. R. […]
Zoning – Helicopter Tours – Amusement/Commercial District – Sight-Seeing Depot
Helicopter Solutions, Inc. v. Hinde (Lawyers Weekly No. 011-090-15, 11 pp.) (Stephanie McDonald, J.) Appealed from Horry County Circuit Court (Larry Hyman Jr., J.) S.C. App. Holding: The Horry County Zoning Ordinance’s list of permitted uses in its Amusement/Commercial districts includes a “sight-seeing depot,” and the defendant-neighbor admits that a facility offering bus or jeep […]
Zoning – Kennel – Dog Grooming Business
Williams v. Lexington County Board of Zoning Appeals (Lawyers Weekly No. 011-089-15, 6 pp.) (Stephanie McDonald, J.) Appealed from Lexington County Circuit Court (R. Knox McMahon, J.) S.C. App. Holding: Regardless of dictionary definitions of “kennel,” Lexington County’s zoning ordinances says a kennel includes an establishment used for “grooming,” and kennels are not allowed in [&hellip[...]
Zoning — Landfill Expansion – Local Ordinances – Municipal
Grand Bees Development, LLC v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 011-052-15, 4 pp.) (Per Curiam) Appealed from the Administrative Law Court (Shirley Robinson, ALJ) S.C. App. Unpub. Holding: The respondent-agency failed to determine whether a proposed landfill expansion would be consistent with all applicable local ordinances; consequently, responde[...]
Zoning – Adult Entertainment – Constitutional – First Amendment – Time, Place & Manner Restrictions – Licenses & Permits
MJJG Restaurant, LLC v. Horry County (Lawyers Weekly No. 002-089-14, 39 pp.) (Mary Lewis, J.) 4:13-cv-00885; D.S.C. Holding: Although prior restraints on speech are generally disfavored, Horry County’s time, place and manner restrictions on adult entertainment fall within an exception to the prior-restraint doctrine. Plaintiffs’ motions for preliminary injunctions are denied. The U.S. Supreme [...]
Zoning – Court Upholds Denial of Substation Expansion
Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summ[...]
Zoning – Public Utilities – Cell Phone Tower – Conditional Use Permit
T-Mobile Northeast LLC v. City Council of Newport News, Va. The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va.
Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act
New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not eff[...]
Zoning – Tort/Negligence – Equitable Estoppel – Negligent Misrepresentation – Planning Commission – Tax Department Records – Official Zoning Map
Tort/Negligence - Equitable Estoppel - Negligent Misrepresentation - Planning Commission - Tax Department Records - Official Zoning Map
Zoning – Density — Agricultural Preservation — Planned Development — Edisto
Density -- Agricultural Preservation -- Planned Development -- Edisto
Zoning – Negligence – Public- Duty Rule – Reasonable Care
Negligence - Public- Duty Rule - Reasonable Care
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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