Free Newsletter
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’ […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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[...]
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. […]
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 […]
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�[...]
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.
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- 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
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
