BEAUFORT, S.C. (Oct. 30, 2024) – In a pair of decisions handed down on Oct. 30, the South Carolina Court of Appeals:
- Affirmed a decision from Circuit Court Judge Bentley Price in January 2022 denying the appeal of West Street Farms, LLC, Mix Farms, LLC, and Historic Beaufort Foundation that upheld the Historic District Review Board’s approval of developer 303 Associates’ hotel and parking garage in downtown Beaufort.
- Affirmed a decision by Circuit Court Judge R. Scott Sprouse in June 2023 that denied the request of plaintiffs West Street Farms, LLC and Mix Farms, LLC to overturn approvals granted by the City of Beaufort to 303 Associates, LLC for a new downtown hotel, apartments and parking garage. Judge Sprouse held that the request was improper given that a similar challenge had already been denied in Circuit Court.
The hotel and parking garage were considered multiple times in meetings open to the public before they were approved by the Historic District Review Board and Zoning Board of Appeals in 2021.
The City of Beaufort has spent $88,135 in litigation costs responding to these legal actions and subsequent appeals. Each court action at both the Circuit Court and Court of Appeals has consistently upheld the City’s position.
“We are pleased with these decisions from the Court of Appeals, which is a three-judge panel,” said City Manager Scott Marshall. “We would like to thank prior City Attorney Bill Harvey and our current legal team handling these cases at Pope Flynn, LLC for their excellent representation.”
In affirming the Circuit Court’s original ruling in Historic Beaufort Foundation v. City of Beaufort, the Court of Appeals relied on several authorities, including S.C. Code Ann. § 6-29-900(A) (Supp. 2004), which requires appeals of architectural review board decisions to “set forth plainly, fully, and distinctly why the decision is contrary to law,” and cited relevant court cases, including Taylor v. Taylor from 1987, which found, “The burden is on the appellant to furnish a sufficient record on appeal from which this court can make an intelligent review.”
In also affirming the Circuit Court’s ruling in the case of West Street Farms and Mix Farms v. City of Beaufort, the Court of Appeals cited numerous cases including Med. Univ. of S.C. v. Taylor, also from 1987, which held, “That parties are required to follow the review procedures established by statute” so a declaratory judgment action is not proper when an adequate administrative remedy exists.
The plaintiffs can petition the South Carolina Supreme Court for review of these decisions, which also requires a petition for rehearing before the Court of Appeals.
######
Find us:
facebook.com/CityBeaufortSC
instagram.com/citybeaufortsc
www.youtube.com/@cityofbeaufort7472
cityofbeaufort.org