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BEVIVINO v. TOWN OF MOUNT PLEASANT

Appellate Case No. 2010-179648. No. 5080.

402 S.C. 57 (2013)

737 S.E.2d 863

Mark BEVIVINO, Alan C. Lincoln, Rhonda S. Lincoln, Karl D. Buckman, Joyce A. Buckman, Charles T. Hallman, Jr., David Freeman, and Patricia Freeman, Appellants, v. TOWN OF MOUNT PLEASANT BOARD OF ZONING APPEALS, Kent Prause, in his Capacity as Zoning Administrator for the Town of Mount Pleasant, and South Carolina Electric & Gas Co./SCANA Communications, Inc., Respondents.

Court of Appeals of South Carolina.

Decided February 6, 2013.

Attorney(s) appearing for the Case

Melinda Adelle Lucka of Finkel Law Firm LLC, of Charleston, for Appellants.

Gary Cleveland Pennington , Kelli Hudson Graham , and Jessica Clancy Crowson , all of Pennington Law Firm LLC, of Columbia for Respondent South Carolina Electric and Gas Co./SCANA; Frances Isaac Cantwell of Regan and Cantwell, of Charleston, for Respondents Town of Mt. Pleasant Board of Zoning Appeals and Kent Prause, in his capacity as Zoning Administrator for the Town of Mount Pleasant.

THOMAS, J.

Appellants Mark Bevivino, Alan C. Lincoln, Rhonda S. Lincoln, Karl D. Buckman, Joyce Buckman, Charles T. Hallman, Jr., David Freeman, and Patricia Freeman challenge a circuit court order that upheld a decision of the Town of Mount Pleasant Board of Zoning Appeals (BZA) to allow Respondents South Carolina Electric and Gas Co./SCANA Communications, Inc. (respectively SCE & G and SCANA) to construct a telecommunications tower. We affirm.

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