Legal Opinion
DeStefano v. City of Charleston
Supreme Court of South Carolina
Decided April 22, 1991No. 23383PublishedCited by 6 opinions
1Opinion of the Court
Toal, Justice:
This appeal involves whether the City of Charleston properly rezoned certain portions of a developer’s property, and whether the City’s act of withholding building permits until the developer granted a drainage easement constitutes a temporary taking of the developer’s property without just compensation. The lower court ruled in favor of the City on all issues. We affirm.
FACTS
John DeStefano, a real estate developer for twenty-five years, purchased a tract of land on James Island in 1984. Finding it too difficult to comply with Charleston County drainage requirements, DeStefano…
2Cases cited6 opinions
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Farrow v. City Council of CharlestonSupreme Court of South Carolina · 1933
- Friarsgate, Inc. v. Town of IrmoCourt of Appeals of South Carolina · 1986
- Rushing v. City of GreenvilleSupreme Court of South Carolina · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Quail Hill, LLC v. County of RichlandSupreme Court of South Carolina · 2010
- Sea Cabins on the Ocean IV Homeowners Ass'n v. City of North Myrtle BeachSupreme Court of South Carolina · 2001
- Daniels v. City of Goose CreekCourt of Appeals of South Carolina · 1993
- Morgan v. South Carolina Budget & Control BoardCourt of Appeals of South Carolina · 2008
- McCrowey v. Zoning Board of AdjustmentCourt of Appeals of South Carolina · 2004
1 more not listed; retrieve them via the Exa API.