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BRADY DEV. v. TOWN OF HILTON HEAD ISLAND

No. 23974.

439 S.E.2d 266 (1993)

BRADY DEVELOPMENT CO., INC., Respondent, v. The TOWN OF HILTON HEAD ISLAND and Hilton Head No. 1 Public Service District, of which only the Town of Hilton Head Island is the Appellant.

Supreme Court of South Carolina.

Decided December 20, 1993.

Rehearing Denied January 19, 1994.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr. and Deborah L. Harrison both of Richardson, Plowden, Grier and Howser, Columbia, and James S. Gibson, Jr. of Howell, Gibson and Hughes, Beaufort, for appellant.

Drew A. Laughlin and John R.C. Bowen both of Laughlin, Bowen & Smoot, Hilton Head Island, and Edward M. Woodward of Woodward, Leventis, Unger, Daves, Herndon & Cothran, Columbia, for respondent.

LITTLEJOHN, Acting Associate Justice:

The Town of Hilton Head (the Town) contends that the trial judge erred in ruling that the Town owed Brady Development Co., Inc. (Brady) a special duty in the administration of its Development Standards Ordinance. The jury found for Brady in the amount of $215,000 actual damages. The Town argues that the trial judge erred in denying its motions for a directed verdict. We agree and reverse.

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