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CONDOR, INC. v. BOARD OF ZONING APPEALS

No. 24710.

328 S.C. 173 (1997)

493 S.E.2d 342

CONDOR, INC., d/b/a COPA a/k/a Video Depot & Fun Fair II, Appellant, v. BOARD OF ZONING APPEALS, CITY OF NORTH CHARLESTON, Respondent. James A. PORTER, a/k/a James E. Potter, a/k/a Hanes E. Potter, d/b/a Big Jim's 24 Hour Video and James A. Porter, a/k/a/ James E. Potter, d/b/a Big Jim's News & Video, Appellants, v. BOARD OF ZONING APPEALS, CITY OF NORTH CHARLESTON, Respondent.

Supreme Court of South Carolina.

Decided November 10, 1997.

Attorney(s) appearing for the Case

H. Louis Sirkin and Anita P. Berding of Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH; Thomas R. Goldstein of Belk, Cobb, Infinger & Goldstein, Charleston; and John L. Weaver, North Charleston, for appellants.

J. Brady Hair; and Derk B.K. Van Raalte, North Charleston, for respondent.

BURNETT, Justice:

Appellants, operators of sexually oriented businesses, challenge the applicability and constitutionality of the City of North Charleston's (City's) Ordinance § 4-14 which, inter alia, restricts the location of sexually oriented businesses. Appellants contend: 1) there is no evidence they operated sexually oriented businesses in September 1992 and 2) the ordinance is unconstitutional as applied...

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