Hollis v. Stonington Development, LLC

394 S.C. 383 (2011)

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Hollis v. Stonington Development, LLC

South Carolina Court of Appeals
394 S.C. 383 (2011)

Facts

Stonington Development, LLC (Stonington) (defendant) bought land and began developing a subdivision near a 19-acre tract owned by the Hollises (plaintiffs). Stonington’s activities, which violated several statutes and subjected it to millions of dollars in state and federal fines, caused the Hollises’ land to flood. The Hollises complained, but Stonington did not change its activities. Instead, Stonington made repeated false statements to the Hollises, including promising that it would provide a conservation easement preserving a 50-foot buffer of trees to protect the Hollises’ property from stormwater runoff. Instead, Stonington clearcut the trees so that it could claim a $1 million tax deduction, leaving the Hollises’ land unprotected. The Hollises sued, and a jury awarded $400,000 in actual damages and $3.5 million in punitive damages. Stonington, which was still in the process of developing the subdivision, appealed.

Rule of Law

Issue

Holding and Reasoning (Few, C.J.)

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