Legal Opinion

Cnty. of Charleston v. S.C. Dep't of Transp.

Court of Appeals of South Carolina

Decided July 12, 2017No. Opinion No. Op. 5495PublishedCited by 1 opinion

1Opinion of the Court

*317LOCKEMY, C.J.:

Charleston County (the County) appeals the circuit court's grant of summary judgment to the South Carolina Department of Transportation (the Department). The County argues the court erred in finding (1) the Department is exempt from complying with the Charleston County Zoning and Land Development Regulations Ordinance (the ZLDR), and (2) the ZLDR is an unconstitutional tax on the Department's maintenance of the state highway system. We affirm.

FACTS/PROCEDURAL BACKGROUND

The South Carolina Local Government Comprehensive Planning Enabling Act of 1994 (the Planning Act) authorizes…

2Cases cited5 opinions

  1. Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
  2. Fleming v. RoseSupreme Court of South Carolina · 2002
  3. Town of Hilton Head Island v. Coalition of Expressway OpponentsSupreme Court of South Carolina · 1992
  4. Brashier v. South Carolina Department of TransportationSupreme Court of South Carolina · 1997
  5. Colyer v. ThomasSupreme Court of South Carolina · 1977

3Cited by1 opinion

  1. Red Bluff Trade Center, LLC v. Horry CountyDistrict Court, D. South Carolina · 2020

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