SCBAR
  Login
Municipal Law

July - Oct. 2012

Burden of proof
Zoning ordinances are presumed valid and the person attacking one bears the burden of showing the zoning decision is arbitrary, unreasonable and unjust.
Historic Charleston Foundation and Preservation Soc’y of Charleston v. City of Charleston, No. 27181 (S.C. Sup. Ct., Oct. 17, 2012) (Shearouse Adv. Sh. No. 37)


July - Oct. 2011

Preemption
The S.C. Solid Waste Policy and Management Act, S.C. Code Ann. §§ 44-96-10, et. seq. (2002) (SWPMA), does not preempt the Horry County Ordinance 02-09 (2009), which deals with the collection and disposal of solid waste.
Sandlands C&D, LLC v. Cnty. of Horry, No. 27042 (S.C. Sup. Ct., Sept. 19, 2011) (Shearouse Adv. Sh. No. 32).