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Municipal Law

Case from July 2012 to 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)

Case from July 2011 to 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).