Hhhunt Corp. v. Town of Lexington
Court of Appeals of South Carolina
1Concurring in part, dissenting in partPieper, J.
I concur in the majority’s decision to reverse the circuit court’s dismissal of Appellants’ claims for breach of contract, equal protection, estoppel, mandamus, injunction, and declaratory relief. However, I respectfully dissent as to the finding that Appellants abandoned their claims pursuant to the Clean Water Act, municipal ordinances, and the Due Process clause. Instead, I would find Appellants alleged sufficient facts in their complaint on these claims to withstand a motion to dismiss. Accordingly, I would reverse the dismissal of Appellants’ complaint in full and remand for a trial. See…
2Cases cited2 opinions
- Rydde v. MorrisSupreme Court of South Carolina · 2009
- Ashley River Properties I, LLC v. Ashley River Properties II, LLCCourt of Appeals of South Carolina · 2007