STANTON v. TOWN OF PAWLEYS ISLAND

No. 24195.

455 S.E.2d 171 (1995)

L.B. STANTON, Jr., Appellant, v. The TOWN OF PAWLEYS ISLAND; Ivan Hill, in his official capacity as Pawleys Island Building Inspector; Cecil Tallevast, in his personal capacity as an individual acting under color of state law; and other persons in their individual or official capacities not yet ascertained or identified, Respondents.

Supreme Court of South Carolina.

Decided February 13, 1995.


Attorney(s) appearing for the Case

M. Baron Stanton, of Stanton Law Offices, P.A., Columbia, for appellant.

Joseph P. McLean, of Clarke, Johnson & Peterson, P.A., Florence, for respondents.


WALLER, Justice.

Appellant Stanton appeals the denial of an application for a building permit to repair damage to his beach house. We reverse.

FACTS

In 1969 Stanton built an ocean front house on Pawleys Island. The house had two bedrooms, a bath, and a small kitchen on the lower, "grade", level. The upper level included a living room and four bedrooms. The two levels were connected by an external stairway.

The lower level of the house...

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