Scott v. Carter

(dissenting) :

I dissent, concluding the trial court erred in ordering the Greenville County zoning authorities to issue a building permit to respondent.

On March 20, 1978, the Greenville County Council commenced proceedings to rezone the subject property so as to prohibit multifamily dwellings. The following day, respondent Scott, with notice of the proposed rezoning, applied for a permit to construct a rent subsidized apartment complex on the property. At the time of application, respondent was not the owner of the property but had a contract to purchase it with a number of “out clauses.” One…