BEAUFORT, S.C. – The South Carolina Court of Appeals issued two orders on Tuesday, Nov. 19. The orders were in response to two separate requests for a rehearing which were filed on Nov. 14: one by West Street Farms, LLC and Mix Farms, LLC; and one by the Historic Beaufort Foundation.
In its orders the court stated, “After careful consideration of the petition for rehearing, this court has discovered no material fact or principle of law that has been overlooked or disregarded, and hence, there is no basis for granting a rehearing. Accordingly, the petition for rehearing is denied.”
The requests were for the Court of Appeals to reconsider its previous opinions rendered on Oct. 30 which:
• 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; and
• 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 expediency with which the Court of Appeals rendered its decision on these requests for rehearing speaks to the frivolous nature of the challenges made by the plaintiffs,” said City Manager Scott Marshall. “It’s unfortunate that their persistence in challenging properly made decisions has cost the taxpayers nearly $90,000 in legal fees, and the meter is still running.”
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 plaintiffs have 30 days to petition the S.C. Supreme Court for a hearing to appeal the decisions rendered by the S.C. Court of Appeals. The S.C. Supreme Court can choose to hear the matter or reject the petition.
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