Legal Opinion

Staubes v. City of Folly Beach

Court of Appeals of South Carolina

Decided April 27, 1998No. 2834PublishedCited by 15 opinions

1Opinion of the Court

ANDERSON, Judge:

Vernon Staubes brought this action to recover damages he allegedly sustained due to the City of Folly Beach’s refusal to grant him a permit to repair his- duplex. The trial court granted the City’s motion for summary judgment holding the City’s actions did not (1) result in a taking of Staubes’s property; (2) violate Staubes’s right to due process; or (3) violate 42 U.S.C. § 1983. Additionally, the court found Staubes’s negligence action was barred by the South Carolina Tort Claims Act. 1 We affirm in part, reverse in part, and remand. 2

FACTS/PROCEDURAL BACKGROUND

The…

2Cases cited49 opinions

  1. Hudson v. PalmerSupreme Court of the United States · 1984
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Parratt v. TaylorSupreme Court of the United States · 1981
  4. Rochin v. CaliforniaSupreme Court of the United States · 1952
  5. Ingraham v. WrightSupreme Court of the United States · 1977

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3Cited by15 opinions

  1. Staubes v. City of Folly BeachSupreme Court of South Carolina · 2000
  2. Young v. South Carolina Department of CorrectionsCourt of Appeals of South Carolina · 1999
  3. Hawkins v. City of GreenvilleCourt of Appeals of South Carolina · 2004
  4. Proctor v. Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2006
  5. Restaurant Row Associates v. Horry CountySupreme Court of South Carolina · 1999

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