Brick v. Richland Cnty. Planning Comm'n
Decision Date | 08 June 2016 |
Docket Number | Unpublished Opinion No. 2016-UP-261,Appellate Case No. 2014-000583 |
Parties | Samuel T. Brick, Appellant, v. Richland County Planning Commission and Fairways Development, LLC, Intervenor, Respondents. |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Appeal From Richland County
DeAndrea G. Benjamin, Circuit Court Judge
AFFIRMED
Samuel T. Brick, of Blythewood, pro se.
Andrew F. Lindemann and Michael Brian Wren, both of Davidson & Lindemann, PA, of Columbia, for Respondent Richland County Planning Commission; and Tobias Gavin Ward, Jr. and James Derrick Jackson, both of Tobias G. Ward, Jr., PA, of Columbia, for Respondent Fairways Development, LLC.
Samuel T. Brick appeals from the circuit court's order dismissing his appeal from the Richland County Planning Commission, arguing the circuit court erred (1) by not applying collateral estoppel regarding Fairways Development, LLC's argument that it is a necessary party to the appeal, (2) by dismissing the case based on a lack of timely joinder because the joinder of a necessary party is not jurisdictional, and (3) in interpreting and applying a local government ordinance as it applied to a determination of indispensability regarding joinder of an intervening party. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to the first issue: Newton v. Zoning Bd. of Appeals for Beaufort Cty., 396 S.C. 112, 116, 719 S.E.2d 282, 284 (Ct. App. 2011) (); Kurschner v. City of Camden Planning Comm'n, 376 S.C. 165, 173-74, 656 S.E.2d 346, 351 (2008) ( ); Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ().
2. As to the second issue: Rule 74, SCRCP ("Except for the time for filing the notice of appeal, the procedure on appeal to the circuit court from the judgment of an inferior court or decision of an administrative agency . . . shall be in accordance with the statutes providing such appeals."); id. (); S.C. Code Ann. § 6-29-1150(D)(1) (Supp. 2015) (); Spanish Wells Prop. Owners Ass'n v. Bd. of Adjustment of the Town of Hilton Head Island, 295 S.C. 67, 69, 367 S.E.2d 160, 161 (1988) (); Smith v. S.C. Dep't of Soc. Servs., 284 S.C. 469, 471, 327 S.E.2d 348, 349 (1985) (...
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