Town of Sullivan's Island v. Michael Murray

Supreme Court of South Carolina

Town of Sullivan's Island v. Michael Murray

DecidedApril 26, 2023

Docket2021-001260

StatusPublished

This text of Town of Sullivan's Island v. Michael Murray (Town of Sullivan's Island v. Michael Murray) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Town of Sullivan's Island v. Michael Murray, (S.C. 2023).

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Opinion

THE STATE OF SOUTH CAROLINA In The Supreme Court

Town of Sullivan's Island, Petitioner,

v.

Michael Murray, Respondent.

Appellate Case No. 2021-001260

______________

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS ______________

Appeal from Charleston County Kristi Lea Harrington, Circuit Court Judge ______________

Opinion No. 28153 Submitted April 3, 2023 – Filed April 26, 2023 ______________

AFFIRMED IN RESULT ______________

John Joseph Dodds, III, of The Law Firm of Cisa & Dodds, LLP, of Mt. Pleasant; and George Trenholm Walker and John Phillips Linton, Jr., of Walker Gressette Freeman & Linton, LLC, of Charleston, all for Petitioner.

Mary Duncan Shahid, of Nexsen Pruet, LLC, and Stephen Peterson Groves, Sr., of Butler Snow, LLP, both of Charleston, for Respondent. ______________

18 PER CURIAM: Respondent was convicted in a municipal court bench trial of violating Sullivan's Island Town Code sections 21-75 and 5-10 (the ordinances). The municipal court imposed a $1040 fine as punishment. On direct appeal, the circuit court affirmed the conviction. The court of appeals reversed, holding the ordinances were unconstitutionally vague and failed to provide Respondent with fair notice his actions would result in a criminal violation. In addition, the court held the Town of Sullivan's Island failed to present evidence the dock built by Respondent interfered with navigation or extended into the channel in violation of the ordinance. Town of Sullivan's Island v. Murray, 435 S.C. 22, 864 S.E.2d 909 (Ct. App. 2021).

Because we agree with the court of appeals that there was no evidence Respondent violated any provision of the ordinance, we grant the petition for a writ of certiorari to the court of appeals, dispense with briefing, and affirm the result of the court of appeals' opinion reversing Respondent's conviction.

AFFIRMED IN RESULT.

BEATTY, C.J., KITTREDGE, FEW, JAMES and HILL, JJ., concur.

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THE STATE OF SOUTH CAROLINA In The Supreme Court

Town of Sullivan's Island, Petitioner,

v.

Michael Murray, Respondent.

Appellate Case No. 2021-001260

______________

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS ______________

Appeal from Charleston County Kristi Lea Harrington, Circuit Court Judge ______________

Opinion No. 28153 Submitted April 3, 2023 – Filed April 26, 2023 ______________

AFFIRMED IN RESULT ______________

John Joseph Dodds, III, of The Law Firm of Cisa & Dodds, LLP, of Mt. Pleasant; and George Trenholm Walker and John Phillips Linton, Jr., of Walker Gressette Freeman & Linton, LLC, of Charleston, all for Petitioner.

Mary Duncan Shahid, of Nexsen Pruet, LLC, and Stephen Peterson Groves, Sr., of Butler Snow, LLP, both of Charleston, for Respondent. ______________

18 PER CURIAM: Respondent was convicted in a municipal court bench trial of violating Sullivan's Island Town Code sections 21-75 and 5-10 (the ordinances). The municipal court imposed a $1040 fine as punishment. On direct appeal, the circuit court affirmed the conviction. The court of appeals reversed, holding the ordinances were unconstitutionally vague and failed to provide Respondent with fair notice his actions would result in a criminal violation. In addition, the court held the Town of Sullivan's Island failed to present evidence the dock built by Respondent interfered with navigation or extended into the channel in violation of the ordinance. Town of Sullivan's Island v. Murray, 435 S.C. 22, 864 S.E.2d 909 (Ct. App. 2021).

Because we agree with the court of appeals that there was no evidence Respondent violated any provision of the ordinance, we grant the petition for a writ of certiorari to the court of appeals, dispense with briefing, and affirm the result of the court of appeals' opinion reversing Respondent's conviction.

AFFIRMED IN RESULT.

BEATTY, C.J., KITTREDGE, FEW, JAMES and HILL, JJ., concur.

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Town of Sullivan's Island v. Michael Murray, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-sullivans-island-v-michael-murray-sc-2023.