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McMASTER v. COLUMBIA BD. OF ZONING APPEALS

No. 27075.

395 S.C. 499 (2011)

719 S.E.2d 660

Peggy McMASTER, d/b/a PJM Properties and Gray McGurn, Appellants, v. COLUMBIA BOARD OF ZONING APPEALS, Christopher Barczak, Ernest W. Cromartie, III, Elaine Gillespie, Alvin Hinkle, Lowndes T. Pope, Charles Watson, and Elizabeth Webber-Akre, in their official capacities as members of the Columbia Board of Zoning Appeals and City of Columbia, Respondents.

Supreme Court of South Carolina.

Decided December 12, 2011.

Attorney(s) appearing for the Case

Henry Dargan McMaster , of Columbia, Lance S. Boozer , of Tompkins & McMaster, of Columbia, for Appellants.

Peter Michael Balthazor , of Columbia, for Respondents.

Danny C. Crowe and R. Hawthorne Barrett , of Turner Padget Graham & Laney, of Columbia, for Amicus Curiae Municipal Association of South Carolina, Marcus A. Manos , of Nexsen Pruet, of Columbia, and Thomas R. Gottshall , of Haynsworth Sinkler Boyd, of Columbia, for Amicus Curiae University Hill Neighborhood Association of Columbia.

PER CURIAM.

This case requires us to consider whether the City of Columbia Zoning Ordinance (hereinafter "the Ordinance"), which limits to three the number of unrelated persons who may reside together as a single housekeeping unit, violates the Due Process Clause of the South Carolina Constitution. We find it does not.1

I.

The facts of this case are not in dispute. The property which is the subject of this appeal ("the...

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