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CALIBOGUE GARDENS DEVEL. GROUP, INC. v. TOWN OF HILTON HEAD IS.

22908

296 S.C. 342 (1988)

372 S.E.2d 590

CALIBOGUE GARDENS DEVELOPMENT GROUP, INC. and Donald R. Knauss, Respondents v. The TOWN OF HILTON HEAD ISLAND and The Town Board of Adjustment, Appellants.

Supreme Court of South Carolina.

Decided September 26, 1988.

Attorney(s) appearing for the Case

William B. Regan, Charleston, for appellants.

George Mullen, of McKay & Mullen, Hilton Head, for respondents.

Amicus curiae Philip C. Lyman, Hilton Head Island, for Spanish Wells Property Owners Ass'n, Inc.

Heard June 6, 1988.

Decided Sept. 26, 1988.

CHANDLER, Justice:

This is an appeal from an order striking down, as violative of enabling statutes, a temporary, interim zoning ordinance (DSO), enacted in 1985 by the Town of Hilton Head (Town). Because the issue on appeal is moot, we vacate the order and remand for further proceedings.

FACTS

In November 1986, Calibogue Gardens Development Group, Inc. (Calibogue) submitted an application...

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