Arkay, LLC v. City of Charleston

WILLIAMS, J.:

In this zoning case, the City of Charleston (the City), the City of Charleston Board of Zoning Appeals (the Board), the Andrew Pinckney Inn, and Michael A. Molony (collectively “Appellants”) appeal the circuit court’s reversal of the Board’s denial of Arkay, LLC’s (Arkay) application for a special use exception to operate a carriage horse stable. Appellants contend the court erred in (1) finding the special use exception ordinance described a stable as a “use” rather than a physical structure, (2) relying upon the law of horizontal property regime (HPR) as a means of satisfying…