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Jun 30, 2016

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 […]

Jan 12, 2016

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. […]

Sep 10, 2015

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 […]

Sep 8, 2015

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[...]

Jun 1, 2015

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[...]

Apr 16, 2014

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 [...]

Mar 27, 2013

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[...]

Mar 28, 2012

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.

Mar 21, 2012

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[...]

Mar 29, 2010

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

Dec 28, 2009

Zoning – Density — Agricultural Preservation — Planned Development — Edisto

Density -- Agricultural Preservation -- Planned Development -- Edisto

Dec 8, 2008

Zoning – Negligence – Public- Duty Rule – Reasonable Care

Negligence - Public- Duty Rule - Reasonable Care

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