Legal Opinion · Concurring in part, dissenting in part

Hhhunt Corp. v. Town of Lexington

Court of Appeals of South Carolina

Decided August 25, 2010No. 4731Published

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

  1. Rydde v. MorrisSupreme Court of South Carolina · 2009
  2. Ashley River Properties I, LLC v. Ashley River Properties II, LLCCourt of Appeals of South Carolina · 2007

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