Town of Hollywood v. Floyd

744 S.E.2d 161 (2013)

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Town of Hollywood v. Floyd

South Carolina Supreme Court
744 S.E.2d 161 (2013)

  • Written by Tanya Munson, JD

Facts

William Floyd, Troy Readen, and Edward McCracken (the developers) (defendants) entered into a contract to purchase a 13-acre tract on Bryan Road in the town of Hollywood. The developers filed an application with the town’s planning commission to rezone the property for residential use and expressed that they intended to subdivide and develop the property into 17 residential lots. The commissioner informed the developers that they did not need to rezone but needed to file for approval to subdivide the property as well as give notice to neighboring landowners and conduct a traffic study. At a planning-commission meeting, residents of Hollywood opposed the proposed subdivision and voiced concerns about traffic on Bryan Road, which was known for being hazardous. The town required that the developers conduct a traffic study before approving the subdivision. The developers nevertheless closed on the property, recorded the plats in the public-land-records office, and commenced construction. The town issued a stop-work order, and the developers refused to comply. The town filed a complaint in circuit court seeking a deceleration that the developers could not subdivide the property without approval from the town’s planning commission and seeking an injunction prohibiting subdivision until such approval was given. The developers filed counterclaims alleging that their equal protection and due-process rights were violated. The jury found in favor of the town on the developers’ due-process claim but in favor of the developers on their equal-protection claim. The court denied motions made by the town for a directed verdict and a judgment notwithstanding the verdict (JNOV) on the developers’ equal-protection claims. The town and the developers both appealed.

Rule of Law

Issue

Holding and Reasoning (Toal, J.)

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