Bevivino v. Board of Zoning Appeals

737 S.E.2d 863 (2013)

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Bevivino v. Board of Zoning Appeals

South Carolina Court of Appeals
737 S.E.2d 863 (2013)

  • Written by Robert Cane, JD

Facts

South Carolina Electric and Gas Company and SCANA Communications, Incorporated (defendants) sought to construct a telecommunications tower in the Town of Mount Pleasant. The Town of Mount Pleasant Board of Zoning Appeals (the board) (defendant) granted a conditional-use permit, or special-use permit, for construction of the telecommunications tower. As a condition of the permit, the board required a fall-zone plan to be prepared. The board found that this requirement had been satisfied. Statements by the manufacturer and a licensed engineer indicated that the tower could withstand extremely high winds, and that the tower was designed to fall on itself within a radius of 70 feet of the base of its tower in the event of a collapse. The tower project was also scrutinized by the town building inspector and several federal agencies. Mark Bevivino (plaintiff) and other residents challenged a circuit court order upholding the board’s decision to grant a permit for the tower, arguing that the evidence was insufficient to support a finding that the tower did not endanger the health and safety of nearby residents.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

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