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SEABROOK v. KNOX

No. 26169.

369 S.C. 191 (2006)

631 S.E.2d 907

Edward M. SEABROOK, Jr., and Folly North Partners, LLC, Respondents, v. Vernon KNOX, Gered Lennon, Wallace Benson, and Allen Boyd, in their official capacities as members of the City Council of the City of Folly Beach, and Harvey Wittschen, Ernest Horres, Victoria Messina, and John Ball, in their official capacities as members of the Zoning Board of Adjustment of the City of Folly Beach, and Tom Hall, in his official capacity as the Building/Zoning Official of the City of Folly Beach, and The City of Folly Beach, Defendants, of whom The City of Folly Beach is Appellant.

Supreme Court of South Carolina.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Christopher L. Murphy and James A. Stuckey, Jr., both of Stuckey Law Offices, of Charleston, for Appellant.

William B. Regan and Frances I. Cantwell, both of Reagan and Cantwell, of Charleston, for Respondents.

Chief Justice TOAL.

The trial court held that the City of Folly Beach (City) denied the due process and equal protection rights of Edward M. Seabrook and Folly North Partners (collectively Respondents) as guaranteed by the United States Constitution. This case was certified from the court of appeals pursuant to Rule 204(b), SCACR. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

This suit is based on the conduct...

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