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

Where the plaintiff-public works commission has already been providing natural gas in an industrial park that lies between the parties’ municipal boundaries, plaintiff has established a designated service area. Accordingly, the defendant-city could not offer its services in the park ...

Tagged with: Municipal

Singleton v. City of Georgetown (Lawyers Weekly No. 002-059-17, 20 pp.) (David Norton, J.) 2:15-cv-02579; D.S.C. Holding: Even though (1) two adjacent lots were overgrown, (2) one lot was owned by the African-American plaintiff and the other was owned by ...

Tagged with: Municipal

Olds v. City of Goose Creek (Lawyers Weekly No. 011-100-16, 11 pp.) (Paul Short Jr., J.) Appealed from Berkeley County Circuit Court (R. Markley Dennis Jr., J.) S.C. App. Holding: S.C. Code Ann. § 5-7-30 allows the respondent-city to “levy ...

Tagged with: Municipal

Munson v. City of Columbia (Lawyers Weekly No. 002-215-16, 12 pp.) (Margaret Seymour, S.J.) 3:16-cv-01528; D.S.C. Holding: Even though the defendant-city is prosecuting plaintiff in municipal court for failing to remove weeds, debris and overgrowth vegetation in violation of a ...

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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 ...

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Central Radio Co. v. City of Norfolk, Va. (Lawyers Weekly No. 001-010-15, 29 pp.) (Keenan, J.) No. 13-1996, Jan. 13, 2015; USDC at Norfolk, Va. (Allen, J.) 4th Cir. Holding: Although the City of Norfolk enforced its sign code against ...

Tagged with: Municipal

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.

Tagged with: Municipal Zoning

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.

Tagged with: Civil Practice Municipal Res Judicata

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.

Tagged with: Due Process Environmental Municipal Zoning