Recent SC case law update: Town of Hollywood v. Floyd
The S.C. Supreme Court affirmed the circuit court’s grant of summary judgment in favor of the Town of Hollywood on its claims for declaratory and injunctive relief, finding that the Town’s ordinances clearly stated that the planning commission, rather than the zoning administrator, must approve subdivision plats if the property is subdivided into more than three lots. The Court reversed the circuit court’s denial of the Town’s motions for a directed verdict and judgment notwithstanding the verdict on the developers’ equal protection claim, finding the developers failed to show the planning commission treated them differently than other similarly situated developers in the subdivision application process. As a result, the Court also reversed the circuit court’s award of attorney’s fees and costs to the developers.
The Town of Hollywood, SC filed an action against developers, seeking a declaration that the developers may not subdivide their property without approval from the Town’s Planning Commission and an injunction prohibiting subdivision of the property until such approval is obtained. The developers filed counterclaims, alleging equal protection and due process violations as well as various state law claims. The circuit court granted summary judgment in favor of the Town on its claims for equitable and declaratory relief, and also granted the Town’s motion for a directed verdict on the developers’ state law claims. The jury returned a verdict in favor of the Town on the developers’ due process claim, but awarded the developers $450,000 in actual damages on their equal protection claim. Both parties appealed. The Town argues the circuit court erred in denying its motions for a directed verdict and judgment notwithstanding the verdict on the developers equal protection claim. The developers argue the circuit court erred in granting summary judgment in favor of the Town on its claims for equitable and declaratory relief.