SCDMV v. Platt ( 2015 )


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  • 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.
    THE STATE OF SOUTH CAROLINA
    In The Court of Appeals
    South Carolina Department of Motor Vehicles,
    Respondent,
    v.
    Christopher Platt, Appellant.
    Appellate Case No. 2013-002614
    Appeal From The Administrative Law Court
    S. Phillip Lenski, Administrative Law Judge
    Unpublished Opinion No. 2015-UP-090
    Submitted January 1, 2015 – Filed February 25, 2015
    AFFIRMED
    Timothy Clay Kulp and C. Austin Elliott, both of Kulp
    Law Firm, of Charleston, for Appellant.
    Frank L. Valenta, Jr., Philip S. Porter, and Linda Annette
    Grice, of the South Carolina Department of Motor
    Vehicles, all of Blythewood, for Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: Ahrens v. State, 
    392 S.C. 340
    , 353, 
    709 S.E.2d 54
    , 61 (2011) ("To
    prove estoppel against the government, the relying party must prove (1) lack of
    knowledge and of the means of knowledge of the truth as to the facts in question,
    (2) justifiable reliance upon the government's conduct, and (3) a prejudicial change
    in position." (internal quotation marks omitted)); 
    id. at 355
    , 709 S.E.2d at 62
    (stating citizens are presumed to know the law and are responsible for exercising
    reasonable care to protect their interests); Morgan v. S.C. Budget & Control Bd.,
    
    377 S.C. 313
    , 321, 
    659 S.E.2d 263
    , 267-68 (Ct. App. 2008) (holding the appellant
    failed to satisfy the first element of estoppel because a statute clearly outlined the
    law).
    AFFIRMED.1
    WILLIAMS, GEATHERS, and McDONALD, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2015-UP-090

Filed Date: 2/25/2015

Precedential Status: Non-Precedential

Modified Date: 10/22/2024