SEABROOK v. CITY OF FOLLY BEACH

No. 25018.

337 S.C. 304 (1999)

523 S.E.2d 462

Edward H. SEABROOK, Jr. and Folly North Partners, LLC, Respondents, v. CITY OF FOLLY BEACH, a municipal corporation, Robert Linville, Fred Holland, Jane Theiling, Gered Lennon, Wallace Benson, Vernon Knox, and Allen Boyd, in their official capacities as the Mayor and as members of the City Council of the City of Folly Beach, Appellants.

Supreme Court of South Carolina.

Decided November 22, 1999.


Attorney(s) appearing for the Case

James E. Reeves and Wendy J. Keefer, both of Barnwell, Whaley, Patterson & Helms, of Charleston; and Otis B. Peeples, Jr., of Peeples & Stringer, of Charleston, for appellants.

William B. Regan and Frances Cantwell, both of Regan & Cantwell, of Charleston, for respondents.


BURNETT, Justice:

This dispute arose over the City of Folly Beach's decision to impose conditions upon the approval of Respondents' subdivision plat. The circuit court granted Respondents' motion for summary judgment. We vacate in part and dismiss this appeal as moot.

FACTUAL/PROCEDURAL BACKGROUND

Respondents are the owner and contract purchaser, respectively, of a pristine undeveloped tract of land located on the easternmost end of Folly Beach ...

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