Arkay, LLC v. City of Charleston

I respectfully dissent. I agree with the circuit court that the City of Charleston Board of Zoning Appeals erred in denying Arkay a special exception use permit.

This appeal involves the interpretation of section 54-206(p) of the City of Charleston Code of Ordinances (2015). The majority holds the circuit court erred in reversing the Board’s denial of Arkay’s application for a special use exception and bases this holding on (1) a deferential standard of review in deciding how to apply subsection 54-206(p)(l), under which a stable may operate as a special exception use in certain zoning…