Town of Scranton v. Willoughby, 23542

Decision Date02 December 1991
Docket NumberNo. 23542,23542
Citation306 S.C. 421,412 S.E.2d 424
CourtSouth Carolina Supreme Court
PartiesTOWN OF SCRANTON, South Carolina, a Municipal Corp., Appellant, v. Amar WILLOUGHBY, Respondent. . Heard

Marian D. Nettles and E. LeRoy Nettles, Sr., of Nettles, Turbeville & Reddick, and James R. Epps, of Floyd & Epps, Lake City, for appellant.

L. Hunter Limbaugh and Mark W. Buyck, Jr., of Willcox, McLeod, Buyck, Baker & Williams, Florence, for respondent.

PER CURIAM:

This appeal is from an action seeking a mandatory injunction requiring removal of a mobile home from an area not zoned for mobile home use. We reverse and remand.

The Town of Scranton enacted a comprehensive zoning ordinance, for the purpose of promoting the health, safety, morals, and general welfare of the community. As a part of the Town's zoning ordinance, all mobile homes are required to be placed in a designated mobile home district. Respondent, Amar Willoughby, set up his mobile home in an area not zoned for mobile home use, after which the Town sought the mandatory injunction. The trial judge found that the zoning ordinance of Scranton, to the extent that it excludes mobile homes from all areas except mobile home districts, is unconstitutional and an unreasonable exercise of its police power.

A municipal ordinance is a legislative enactment and is presumed to be constitutional. Southern Bell Telephone and Telegraph Co. v. City of Spartanburg, 285 S.C. 495, 331 S.E.2d 333 (1985). The exercise of police power under a municipal ordinance is subject to judicial correction only if the action is arbitrary and has no reasonable relation to a lawful purpose. Town of Hilton Head Island v. Fine Liquors, Ltd., 302 S.C. 550, 397 S.E.2d 662 (1990), Bob Jones University v. Greenville, 243 S.C. 351, 133 S.E.2d 843 (1963).

The burden of proving the invalidity of a zoning ordinance is on the party attacking it, and it is incumbent on respondent to show the arbitrary and capricious character of the ordinance through clear and convincing evidence. See Rush v. City of Greenville, 246 S.C. 268, 143 S.E.2d 527 (1965). The record as submitted to this court is void of evidence to find the Town of Scranton's zoning ordinance arbitrary and capricious. In the absence of such record, the ordinance is valid and enforceable.

Accordingly, the decision of the trial court is REVERSED AND REMANDED with instructions to enter an order granting the appellant...

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11 cases
  • Dunes W. Golf Club, LLC v. Town of Mount Pleasant
    • United States
    • South Carolina Supreme Court
    • January 9, 2013
    ...to show the arbitrary and capricious character of the ordinance through clear and convincing evidence.” Town of Scranton v. Willoughby, 306 S.C. 421, 422, 412 S.E.2d 424, 425 (1991). “[I]n cases requiring a heightened burden of proof ... the non-moving party must submit more than a mere sci......
  • Eagle Container v. County of Newberry, 4037.
    • United States
    • South Carolina Supreme Court
    • December 15, 2005
    ...and capricious nature of the ordinance." Bear Enterprises, 319 S.C. at 140, 459 S.E.2d at 886 (citing Town of Scranton v. Willoughby, 306 S.C. 421, 412 S.E.2d 424 (1991)). In the present case, this Court must give effect to the Council's intent unless we find the Council's action was arbitr......
  • Ani Creation, Inc. v. City of Myrtle Beach Bd. of Zoning Appeals
    • United States
    • South Carolina Supreme Court
    • April 19, 2023
    ...in turn. 8 II. "A municipal ordinance is a legislative enactment and is presumed to be constitutional." Town of Scranton v. Willoughby, 306 S.C. 421, 422, 412 S.E.2d 424, 425 (1991) (per curiam); see also Rush v. City of Greenville, 246 S.C. 268, 276, 143 S.E.2d 527, 531 (1965) ("There is a......
  • King v. City of Bainbridge
    • United States
    • Georgia Supreme Court
    • March 10, 2003
    ...Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 395, 47 S.Ct. 114, 71 L.Ed. 303 (1926). 23. See, e.g., Town of Scranton v. Willoughby, 306 S.C. 421, 412 S.E.2d 424 (S.C.1991); McCollum v. City of Berea, 53 S.W.3d 106 (Ky.App.2000) and cases cited in n. 17-29. See also Rathkoph, The La......
  • Request a trial to view additional results
1 books & journal articles
  • Challenges to Local Government Zoning and Land Use Decisions in South Carolina
    • United States
    • South Carolina Bar South Carolina Lawyer No. 27-3, November 2015
    • Invalid date
    ...Enterprises v. Cnty. of Greenville, 319 S.C. 137, 139, 459 S.E.2d 883, 885, fn.1 (Ct. App. 1995). [21] Town of Scranton v. Willoughby, 306 S.C. 421, 422, 412 S.E.2d 424, 425 (1991). [22] S.C. Code Ann. § 6-29-760(C). [23] ATC S., Inc. v. Charleston Cnty., 380 S.C. 191, 195, 669 S.E.2d 337, ......

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