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Jul 5, 2023

Zoning – Overlay District – Downtown Revitalization – Prohibited Retail Uses – First Impression – Reverse Spot Zoning

In an effort to revitalize its downtown and promote family tourism, the City of Myrtle Beach created the Ocean Boulevard Entertainment Overlay District (OBEOD), in which retailers would no longer be allowed to sell CBD or sexually oriented products, and retailers would only be allowed to make incidental sales of tobacco products. We reject appellants’ […]

Apr 24, 2023

Zoning – Municipal – Overlay District – ‘Reverse Spot Zoning’ – First Impression

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 family-friendly tourism, Myrtle Beach decided to prohibit certain retail sales in its historic downtown. Unlike […]

Dec 7, 2018

Charleston zoning board rules flagpole at house is too tall

A 60-foot (18.3-meter) tall flagpole put up in a backyard in Charleston must either be shortened or taken down, the city’s Board of Zoning Appeals has ruled. David Abdo’s lawyer argued before the board this week that the pole and the American flag on it was a monument to the military service of his father-in-law […]

May 4, 2018

Civil Practice – Burford Abstention – Zoning Violations

Where the plaintiff-county seeks to enforce its zoning regulations and to have defendants adhere to the citations it issued regarding those regulations, the court chooses to abstain from exercising its diversity jurisdiction because South Carolina courts have a greater interest in resolving this dispute over the interpretation and application of the county’s zoning regulations than […]

Mar 30, 2018

Municipal – Zoning – Nonconforming Use – Garage & Apartment

The above-garage apartment on respondent’s lot is a nonconforming use precisely because it is a second “principal building” on the lot. Changes and additions that make the residence safer, more useful to its residents, and longer lasting do not impermissibly “increase the extent of the nonconformity.” We affirm the circuit court’s reversal of the appellant-town […]

Jul 11, 2017

Zoning – Court Upholds Zoning Limitation Provision

Quinn v. Board of County Comm’rs for Queen Anne’s County, Md. (Lawyers Weekly No. 001-153-17, 19 pp.) (Wilkinson, J.) No. 16-1890, July 7, 2017; USDC at Baltimore, Md. (Russell, J.) 4th Cir. Holding: A district court did not err in dismissing a landowner’s suit challenging a county’s comprehensive plan to extend sewer service, including a […]

Mar 4, 2016

Municipal – Zoning – Unspecified Use – Question of Fact – Deference – Hospice

Furr v. Horry County Zoning Board of Appeals (Lawyers Weekly No. 010-012-16, 2 pp.) (Per Curiam) Appealed from Horry County Circuit Court (J. Michael Baxley, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: We improvidently granted certiorari to review the Court of Appeals’ decision (Because Horry County ordinances neither […]

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 28, 2015

Municipal — Zoning – Constitutional – First Amendment – Adult Entertainment Club

MJJG Restaurant LLC v. Horry County (Lawyers Weekly No. 002-074-15, 40 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-00885; D.S.C. Holding: Although defendants’ zoning regime requires businesses to apply for a license and to demonstrate that they are a permitted use before operating, this does not, without more, make the zoning laws a prior restraint on speech. […]

Dec 23, 2014

Municipal — Zoning – Unspecified Use – Question of Fact – Deference – Hospice

Furr v. Horry County Zoning Board of Appeals (Lawyers Weekly No. 011-134-14, 7 pp.) (Aphrodite Konduros, J.) Appealed from Horry County Circuit Court (J. Michael Baxley, J.) S.C .App. Holding: Because Horry County ordinances neither permit nor prohibit a hospice in a Commercial Forest Agricultural zone, the appellant-board was presented with the question of whether […]

Dec 12, 2012

Insurance – CGL – Exclusions – ‘Your Work’ & Products Completed Operations Hazard – Zoning – Incorrect Permits – Loss of Use

Walde v. Association Insurance Co. The plaintiff-homeowners alleged that their contractor failed to obtain the correct permits and that, as a consequence, their barn had to be partially torn down, resulting in a loss of use. The contractor’s insurer was not required to defend or indemnify the contractor against the homeowners’ claims because their claims fall within the “your work�[...]

Sep 5, 2012

Municipal – Zoning – Special Exception Application – Fireworks Store

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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