Brown v. County of Charleston/Charleston County Council, 1536

CourtCourt of Appeals of South Carolina
Writing for the CourtPER CURIAM
Citation399 S.E.2d 784,303 S.C. 245
PartiesAllison BROWN, Appellant, v. COUNTY OF CHARLESTON/CHARLESTON COUNTY COUNCIL, Respondent. . Heard
Docket NumberNo. 1536,1536
Decision Date11 April 1990

Page 784

399 S.E.2d 784
303 S.C. 245
Allison BROWN, Appellant,
No. 1536.
Court of Appeals of South Carolina.
Heard April 11, 1990.
Decided Aug. 27, 1990.

Page 785

[303 S.C. 246] Allison E. Brown, of Mt. Pleasant, pro se.

Randall M. Chastain, Columbia, for appellant.

Nancy B. Tecklenburg, Charleston, for respondent.

Janson A. Kauser, of North Charleston, amicus curiae for East Cooper Outboard Motor Club, Inc.

Conrad L. Falkiewicz, Charleston, amicus curiae for SC Shooting Ass'n.


This is a zoning case. Allison Brown applied to the Charleston County Office of Zoning and Planning for a permit to operate a commercial outdoor gun range. 1 The Zoning Board denied the permit. County Council upheld the Zoning Board's decision. Brown then appealed to the circuit court which affirmed the Council. Brown appeals. We reverse and remand.

The County desired to decrease the number of zoning districts in the County and also to simplify the table of existing land uses through an amendment to its zoning ordinance. However, one provision of the amendment, in effect, proposed changes in existing land uses by requiring a different type of permit for certain property uses. One such use is an outdoor gun range. The amendment changed this use from a use of right to a conditional use which requires the Zoning Board's approval prior to issuance of a permit. Overall, the zoning amendments increased allowable property uses in the county, but in some cases it actually restricted an existing use.

[303 S.C. 247] The Zoning Board gave the amendments preliminary approval. On March 27, 1988, and April 3, 1988, the County ran the following advertisement in the News and Courier:


Charleston County


The Charleston County Council has scheduled a public meeting for Tuesday, April 12, 1988 at 7:00 p.m., County Office Building, Two Courthouse Square, Charleston, South Carolina to review the following:

No. 2122-C Text Change; to simplify and clarify the existing land use table and reduce the number of zoning districts.

It is uncontested that this advertisement complies with the statutory requirements regarding time and manner of notice. See Section 6-7-730, Code of Laws of South Carolina, 1976, as amended. Brown, however, contests the sufficiency of the advertisement to give notice that the proposed amendment would restrict existing uses of land.

Brown argues that those interested...

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14 cases
  • Estate of Haley ex rel. Haley v. Brown, 4140.
    • United States
    • Court of Appeals of South Carolina
    • 24 Julio 2006 the combined negligence of all defendants. See Elder v. Orluck, 511 Pa. 402, 515 A.2d 517 (1986). Nelson, 303 S.C. at 244-45, 399 S.E.2d at 784 (footnote omitted). This Court further discussed the doctrine in Ott v. Pittman, 320 S.C. 72, 463 S.E.2d 101 If a plaintiff was negligent as a m......
  • Davenport v. Cotton Hope Plantation, 24850.
    • United States
    • United States State Supreme Court of South Carolina
    • 9 Noviembre 1998
    ...1991 a plaintiff in a negligence action my recover damages if his or her negligence is not greater than that of the defendant." Nelson, 303 S.C. at 245, 399 S.E.2d at 784. Nelson made clear that a plaintiffs contributory negligence would no longer bar recovery unless such negligence exceede......
  • Molamphy v. Town of Southern Pines, No. 1:02CV00720 (M.D.N.C. 3/3/2004), 1:02CV00720.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • 3 Marzo 2004
    ...general description of the proposed action to be "tantamount to no notice at all." Brown v. County of Charleston/Charleston City Council, 303 S.C. 245, 248, 399 S.E.2d 784, 786 (1990). That is the quality of the notice in the instant The importance of having adequate notice in the first ins......
  • Davenport v. Cotton Hope Plantation Horizontal Property Regime, 2621
    • United States
    • Court of Appeals of South Carolina
    • 1 Abril 1996
    ...and contribution rather than on all-or-nothing rules and defenses, would be seriously undermined. See Nelson, 303 S.C. at 244, 399 S.E.2d at 784; Hubbard & Felix, supra note 2, at Accordingly, we hold that assumption of risk is no longer a complete defense to an injured person's negligence ......
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