Vogel v. City of Myrtle Beach, No. 22665

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtCHANDLER; NESS, C.J., GREGORY and FINNEY, JJ., and RODNEY A. PEEPLES
Citation291 S.C. 229,353 S.E.2d 137
PartiesDaniel Augustine VOGEL, Jr., Respondent, v. The CITY OF MYRTLE BEACH, Appellant. . Heard
Docket NumberNo. 22665
Decision Date11 December 1986

Page 137

353 S.E.2d 137
291 S.C. 229
Daniel Augustine VOGEL, Jr., Respondent,
v.
The CITY OF MYRTLE BEACH, Appellant.
No. 22665.
Supreme Court of South Carolina.
Heard Dec. 11, 1986.
Decided Feb. 2, 1987.

[291 S.C. 230] J. Jackson Thomas, of Stevens, Stevens, Thomas, Hearn & Hearn, P.A., and E. Windell McCrackin, of McCrackin & Barnett, Myrtle Beach, for appellant.

James B. Van Osdell and Cynthia Graham Howe, both of Van Osdell, Lester, Stewart, McCutchen & Brittain, P.A., Myrtle Beach, for respondent.

CHANDLER, Justice:

Daniel Augustine Vogel, Jr., (Vogel) brought this action to enjoin the City of Myrtle Beach (City) from enforcing certain building ordinances against him. The Circuit Court, holding the City's attempt to enforce the ordinances violated equal protection, issued a permanent injunction.

We reverse.

FACTS

In May 1980, Vogel purchased an oceanfront home in Myrtle Beach. The City issued a building permit in August 1982 for the renovation of the house and the construction of additions. During construction, the City issued four "stop work" orders. Vogel petitioned the Circuit Court for injunctive relief. A temporary restraining order and a permanent injunction were issued restraining the City from further interfering with completion of the construction. Thereafter, the City's plumbing and

Page 138

electrical inspectors again ordered construction halted. The Circuit Court held the City in contempt, fined it $500 and assessed $500 attorney's fees in favor of Vogel.

[291 S.C. 231] Vogel was arrested on January 31, 1984, on charges he had built a sun deck: (1) on public property (on the beach beyond the dune line) and (2) without a building permit. Both these actions violate the City's code. At the subsequent trial in municipal court, Vogel appeared without an attorney and pleaded guilty to the violations. He was fined $420 and ordered to remove the sun deck. Vogel appealed to the Circuit Court alleging that several pretrial motions had been erroneously denied. The Circuit Court dismissed the action, holding Vogel's guilty plea waived his right of appeal. This Court affirmed pursuant to Supreme Court Rule 23.

Vogel then instituted the present civil action in Circuit Court to enjoin the City from enforcing the order requiring him to dismantle the sun deck. He alleged the City's attempt to enforce the ordinances against him violated equal protection because he was selectively prosecuted in bad faith.

The Circuit Court granted an...

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6 practice notes
  • State v. Sery, No. 860333-CA
    • United States
    • Utah Court of Appeals
    • July 27, 1988
    ...State v. Rivers, 226 Neb. 353, 411 N.W.2d 350 (1987); Webb v. State, 91 Nev. 469, 538 P.2d 164 (1975); Vogel v. City of Myrtle Beach, 291 S.C. 229, 353 S.E.2d 137 (1987); Beaver v. Commonwealth, 232 Va. 521, 352 S.E.2d 342 (1987), cert. denied, 483 U.S. 1033, 107 S.Ct. 3277, 97 L.Ed.2d 781 ......
  • State v. Rice, No. 27210.
    • United States
    • United States State Supreme Court of South Carolina
    • January 16, 2013
    ...constitutes a waiver of non-jurisdictional defects and claims of violations of constitutional rights”); Vogel v. City of Myrtle Beach, 291 S.C. 229, 231, 353 S.E.2d 137, 138 (1987) (“A plea of guilty constitutes a waiver of nonjurisdictional defects and defenses.... It conclusively disposes......
  • Branning v. Morgan Guar. Trust Co. of New York, Civ. A. No. 2:85-1783-8.
    • United States
    • U.S. District Court — District of South Carolina
    • June 8, 1990
    ...South Carolina precedents reveals that a judgment under Rule 23 is sufficient for purposes of res judicata. Vogel v. City of Myrtle Beach, 291 S.C. 229, 353 S.E.2d 137 (1987); Hudson v. Martin, 283 S.C. 577, 324 S.E.2d 69 (1984). This court can discern no reason for the South Carolina court......
  • State v. Green, 5907
    • United States
    • Court of Appeals of South Carolina
    • May 4, 2022
    ...defendant who pleads guilty usually may not later raise independent claims of constitutional violations."); Vogel v. City of Myrtle Beach, 291 S.C. 229, 231, 353 S.E.2d 137, 138 (1987) ("A plea of guilty constitutes a waiver of nonjurisdictional defects and defenses, including claims of vio......
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5 cases
  • State v. Sery, No. 860333-CA
    • United States
    • Utah Court of Appeals
    • July 27, 1988
    ...State v. Rivers, 226 Neb. 353, 411 N.W.2d 350 (1987); Webb v. State, 91 Nev. 469, 538 P.2d 164 (1975); Vogel v. City of Myrtle Beach, 291 S.C. 229, 353 S.E.2d 137 (1987); Beaver v. Commonwealth, 232 Va. 521, 352 S.E.2d 342 (1987), cert. denied, 483 U.S. 1033, 107 S.Ct. 3277, 97 L.Ed.2d 781 ......
  • State v. Rice, No. 27210.
    • United States
    • United States State Supreme Court of South Carolina
    • January 16, 2013
    ...constitutes a waiver of non-jurisdictional defects and claims of violations of constitutional rights”); Vogel v. City of Myrtle Beach, 291 S.C. 229, 231, 353 S.E.2d 137, 138 (1987) (“A plea of guilty constitutes a waiver of nonjurisdictional defects and defenses.... It conclusively disposes......
  • Branning v. Morgan Guar. Trust Co. of New York, Civ. A. No. 2:85-1783-8.
    • United States
    • U.S. District Court — District of South Carolina
    • June 8, 1990
    ...South Carolina precedents reveals that a judgment under Rule 23 is sufficient for purposes of res judicata. Vogel v. City of Myrtle Beach, 291 S.C. 229, 353 S.E.2d 137 (1987); Hudson v. Martin, 283 S.C. 577, 324 S.E.2d 69 (1984). This court can discern no reason for the South Carolina court......
  • State v. Morgan, 2018-UP-233
    • United States
    • Court of Appeals of South Carolina
    • June 6, 2018
    ...and defenses, including the claims of a violation of a constitutional right prior to the plea."); Vogel v. City of Myrtle Beach, 291 S.C. 229, 231, 353 S.E.2d 137, 138 (1987) ("[A guilty plea] conclusively disposes of all prior issues including independent claims of deprivations o......
  • Request a trial to view additional results

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