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STAUBES v. CITY OF FOLLY BEACH

No. 2834.

331 S.C. 192 (1998)

500 S.E.2d 160

Vernon STAUBES, Appellant, v. CITY OF FOLLY BEACH, City of Folly Beach Zoning Board of Adjustments, Tommy Bolus, Harvey Wittschen, Cindy Newman, Mrs. Schwacke, and Betty Minchew, of whom City of Folly Beach is, Respondent.

Court of Appeals of South Carolina.

Decided April 27, 1998.

Rehearing Denied June 19, 1998.

Attorney(s) appearing for the Case

Timothy A. Domin, of Clawson & Staubes, Charleston, for Appellant.

Thomas J. Wills, IV, and James E. Reeves, both of Barnwell, Whaley, Patterson & Helms, Charleston, for Respondent.

ANDERSON, Judge:

Vernon Staubes brought this action to recover damages he allegedly sustained due to the City of Folly Beach's refusal to grant him a permit to repair his duplex. The trial court granted the City's motion for summary judgment holding the City's actions did not (1) result in a taking of Staubes's property; (2) violate Staubes's right to due process; or (3) violate 42 U.S.C. § 1983. Additionally, the court found Staubes's negligence action was barred...

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