Botany Bay Marina, Inc. v. Townsend

Finney, Justice:

Appellants Robert H. Faust and Thomas B. Henry, Jr., as officers and shareholders of Botany Bay Marina, Inc. (Botany Bay), appeal the ruling of Circuit Court Judge Walter J. Bristow, Jr., dismissing their interlocutory appeal and remanding the case to the Charleston County Board of Adjustment (Board of Adjustment) for a hearing on the merits. We reverse the trial court’s decision.

In November, 1985, appellants purchased a marina, known as Botany Bay, on Wadmalaw Island, South Carolina. The property upon which Botany Bay is situated is zoned highway-commercial (CH). Appellants…