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Tag Archives: Municipal

Municipal – Zoning – Special Exception Application – Fireworks Store (access required)

Wyndham Enterprises, LLC v. City of North Augusta Residents’ unsubstantiated concerns about increased traffic and decreased property values wasn’t enough to support the defendant-city’s denial of appellants’ request for a special exception to open a fireworks store in a commercial district. We reverse the circuit court’s order upholding the denial of appellants’ request.

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Civil Practice – Res Judicata – Municipal – Annual Budgets – Ongoing Practice – Council Reserves (access required)

South Carolina Public Interest Foundation v. Greenville County In a 1996 action, the parties and their privies were involved in an action challenging the defendant-county’s practice of allowing individual county council members to appropriate funds for infrastructure purposes. Plaintiff did not appeal the circuit court’s judgment in favor of the county. Although the current action challenges the county’s 2006-07 budget, it challenges the same practice that was the subject of the 1996 action; therefore, this action is barred by res judicata.

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Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations – Environmental – Adjacent Superfund Site (access required)

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

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