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HEILKER v. ZONING BD. OF APPEALS

No. 3374.

346 S.C. 401 (2001)

552 S.E.2d 42

Phil HEILKER, d/b/a Mama's Used Furniture and Mama's Discount Furniture Depot, Respondent, v. ZONING BOARD OF APPEALS for the City of Beaufort, Appellant.

Court of Appeals of South Carolina.

Decided July 23, 2001.

Rehearing Denied September 19, 2001.

Attorney(s) appearing for the Case

William B. Harvey, III, of Harvey & Battey, of Beaufort, for appellant.

C. Scott Graber, of Graber & Baldwin, of Beaufort, for respondent.

ANDERSON, Judge:

This appeal involves the application of a local zoning ordinance. The Zoning Board of Appeals for the City of Beaufort ("the Zoning Board") ordered Phil Heilker to cease the outside display of indoor furniture at his retail stores. The Circuit Court reversed, finding Heilker's displays were protected, nonconforming "uses" of his property. We reverse.

FACTS/PROCEDURAL BACKGROUND

Heilker owns two discount furniture stores in...

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