Wyndham Enterprises, LLC v. City of North Augusta

735 S.E.2d 659, 401 S.C. 144, 2012 WL 3828237, 2012 S.C. App. LEXIS 261
CourtCourt of Appeals of South Carolina
DecidedSeptember 5, 2012
DocketAppellate Case No. 2010-167368; No. 5030
StatusPublished
Cited by6 cases

This text of 735 S.E.2d 659 (Wyndham Enterprises, LLC v. City of North Augusta) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyndham Enterprises, LLC v. City of North Augusta, 735 S.E.2d 659, 401 S.C. 144, 2012 WL 3828237, 2012 S.C. App. LEXIS 261 (S.C. Ct. App. 2012).

Opinion

LOCKEMY, J.

Wyndham Enterprises, LLC and Rodney Wyndham (Appellants) appeal the circuit court’s affirmation of The City of North Augusta Board of Zoning Appeals’ (the BZA) denial of Appellants’ special exception request to sell fireworks. Appellants argue the BZA acted outside the scope of its authority, [146]*146and its decision was arbitrary, capricious, and violated Appellants’ right to equal protection. We reverse.

FACTS/PROCEDXJRAL BACKGROUND

On September 1, 2009, Appellants purchased a 0.91 acre parcel of land (the property) in the City of North Augusta (the City). The property is located in Aiken County (the County) off Exit 1 of 1-20 near the Georgia and South Carolina border. Appellants intended to build a 5,000 square foot structure on the property to house a Halloween Express retail store which would sell costumes, decorations, and novelty items. The property was zoned General Commercial under the North Augusta Development Code (the Code). Pursuant to the Code, the sale of fireworks is designated as a special exception use in General Commercial zoning districts.

On September 23, 2009, Appellants submitted an application to the BZA requesting a special exception to sell fireworks on the property. In an October 30, 2009 memorandum, Skip Grkovic, the City’s Director of the Department of Economic and Community Development (DECD), recommended the BZA approve the special exception request subject to certain conditions which Appellant agreed to meet. In its minor site plan, the DECD stated Appellants’ application met the development and zoning standards of the Code for a retail sales use in a General Commercial District. However, the DECD noted the sale of fireworks must be approved as a special exception by the BZA.

On November 5, 2009, the BZA held a public hearing on Appellants’ request for a special exception. At the hearing, Mr. Wyndham testified the business would operate as the Halloween Express store for approximately twelve weeks per year and a fireworks retail store from Memorial Day to Labor Day. Mr. Wyndham indicated the fireworks store would not necessarily be open every day during the period of time the business was not operating as the Halloween Express. Also at the hearing, fourteen residents of nearby residential neighborhoods testified against the special exception. Residents’ concerns included increased traffic, decreased property values, and a negative image of the community due to multiple [147]*147fireworks retailers in the same area.1

At the conclusion of the hearing, the BZA unanimously voted to deny Appellants’ special exception request. Pursuant to section 18.4.5.4.3(b) of the Code, the BZA must evaluate permits for special exceptions on the basis of the following criteria:

1. That the special exception complies with all applicable development standards contained elsewhere in this Chapter and with the policies contained in the Comprehensive Plan. (Rev. 12-1-08; Ord. 2008-18)

2. That the special exception will be in substantial harmony with the area in which it is to be located.

3. That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right.

Pursuant to the minutes of the November 5, 2009 BZA meeting, the BZA determined the special exception did not comply with the second and third criteria. The BZA found the special exception was “not in harmony with nearby residential developments” and would have “a detrimental impact on existing and proposed residential development in the area.”

Subsequently, Appellants appealed the BZA’s decision to the circuit court, arguing the BZA’s decision was arbitrary and capricious, a violation of the Equal Protection Clause, and a contravention of statutory law. A hearing was held before the circuit court on May 26, 2010. In a July 1, 2010 order, the circuit court affirmed the BZA’s denial of Appellants’ special exception request. This appeal followed.

STANDARD OF REVIEW

On appeal, the findings of fact by the Board shall be treated in the same manner as findings of fact by a jury, and the court may not take additional evidence. S.C.Code Ann. § 6-29-840(A) (Supp. 2011). “In reviewing the questions presented by the appeal, the court shall determine only whether [148]*148the decision of the Board is correct as a matter of law.” Austin v. Bd. of Zoning Appeals, 362 S.C. 29, 33, 606 S.E.2d 209, 211 (Ct.App.2004). Furthermore, “[a] court will refrain from substituting its judgment for that of the reviewing body, even if it disagrees with the decision.” Restaurant Row Assocs. v. Horry Cnty., 335 S.C. 209, 216, 516 S.E.2d 442, 446 (1999). “However, a decision of a municipal zoning board will be overturned if it is arbitrary, capricious, has no reasonable relation to a lawful purpose, or if the board has abused its discretion.” Id.

LAW/ANALYSIS

Arbitrary and Capricious

Appellants argue the circuit court erred in affirming the BZA’s decision to deny Appellants’ special exception request because the BZA’s decision was arbitrary and capricious. We agree.

Pursuant to section 18.4.5.4.3(b) of the Code, the BZA must evaluate permits for special exceptions on the basis of the following criteria:

1. That the special exception complies with all applicable development standards contained elsewhere in this Chapter and with the policies contained in the Comprehensive Plan. (Rev. 12-1-08; Ord. 2008-18)

2. That the special exception will be in substantial harmony with the area in which it is to be located.

3. That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right.

Furthermore, the BZA, “[i]n making quasi-judicial decisions, ... must ascertain the existence of facts, investigate the facts, hold hearings, weigh evidence and draw conclusions from them, as a basis for official action, and exercise discretion of judicial nature.” North Augusta Development Code § 5.1.4.5(a). Decisions of the BZA must be supported by “competent, substantial, and material evidence.” Id.

Here, the BZA determined the special exception did not comply with the second and third criteria. Although the hearing transcript indicates the BZA voted to deny the special [149]*149exception request based on the third criterion, the minutes of the meeting state the BZA found both the second and third criteria were not satisfied. The minutes normally constitute the BZA’s final findings. S.C.Code Ann. § 6-29-800(F) (“All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.”). But the transcript can constitute the final findings if the minutes are found invalid. See Vulcan Materials Co. v. Greenville County Bd. of Zoning Appeals, 342 S.C. 480, 493-94, 536 S.E.2d 892, 899 (Ct.App.2000).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kristin Cosby v. SCCJA
Court of Appeals of South Carolina, 2022
Croft v. Town of Summerville
Court of Appeals of South Carolina, 2019
Boehm v. Town of Sullivan's Island Bd. of Zoning Appeals
813 S.E.2d 874 (Court of Appeals of South Carolina, 2018)
Helicopter Solutions, Inc. v. Hinde
776 S.E.2d 753 (Court of Appeals of South Carolina, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
735 S.E.2d 659, 401 S.C. 144, 2012 WL 3828237, 2012 S.C. App. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyndham-enterprises-llc-v-city-of-north-augusta-scctapp-2012.