Wilkes v.Town of Pawleys Island ( 2017 )

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
Robert and Pamela Wilkes, Appellants,
v.
Town of Pawleys Island and Georgetown County
Planning Commission, Respondents.
Appellate Case No. 2016-000029
Appeal From Georgetown County
Larry B. Hyman, Jr., Circuit Court Judge
Unpublished Opinion No. 2017-UP-096
Submitted January 1, 2017 – Filed March 8, 2017
AFFIRMED
Brandon Todd Reeser, of Wilson & Heyward, LLC, of
Charleston, for Appellants.
Norwood David DuRant, Jr., of Law Offices of N. David
DuRant & Associates, of Surfside Beach, for Respondent
Town of Pawley's Island.
Natale Fata, of Nate Fata, PA, of Surfside Beach, for
Respondent Georgetown County Planning Commission.
PER CURIAM: Robert J. Wilkes and Pamela J. Wilkes appeal the circuit court's
order affirming a decision by the Town of Pawleys Island and Georgetown County
Planning Commission (together "the Town"), which denied their request for a land
variance, arguing: (1) the Town's Unified Development Ordinance checklist and
tutorial constitute a zoning regulation that has the full force of law; (2) because the
Town's Unified Development Ordinance checklist and tutorial constitute a zoning
regulation, the Zoning Board of Appeals, Georgetown County Planning
Commission, and the circuit court erred by not considering all applicable zoning
regulations; and (3) they are entitled to their building permit as it complied with
then-existing zoning and land-use regulations. We affirm1 pursuant to Rule
220(b), SCACR, and the following authorities:
1. As to whether the circuit court erred in finding the checklist and tutorial did not
constitute a zoning regulation: Black v. Lexington Cty. Bd. of Zoning Appeals, 396
S.C. 453, 457, 722 S.E.2d 22, 24 (Ct. App. 2012) ("On appeal, the findings of fact
by the Board shall be treated in the same manner as findings of fact by a jury, and
the court may not take additional evidence."); id. at 457-58, 722 S.E.2d at 24 ("In
reviewing the questions presented by the appeal, the [reviewing] court shall
determine only whether the decision of the Board is correct as a matter of law."
(quoting Austin v. Bd. of Zoning Appeals, 362 S.C. 29, 33, 606 S.E.2d 209, 211
(Ct. App. 2004))); Eagle Container Co., LLC v. Cty. of Newberry, 379 S.C. 564,
570-71, 666 S.E.2d 892, 896 (2008) ("If a statute's language is plain and
unambiguous and conveys a clear and definite meaning, there is no occasion for
employing rules of statutory interpretation and the court has no right to look for or
impose another meaning." (quoting Miller v. Doe, 312 S.C. 444, 447, 441 S.E.2d
319, 321 (1994))); CFRE, LLC v. Greenville Cty. Assessor, 395 S.C. 67, 77, 716
S.E.2d 877, 882 (2011) ("[W]e will reject an agency's interpretation if it conflicts
with the statute's plain language.").
2. As to whether the circuit court considered all zoning regulations and whether a
permit was warranted: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C.
598, 613, 518 S.E.2d 591, 598 (1999) (holding the appellate court need not address
remaining issues when disposition of prior issue is dispositive).
AFFIRMED.
HUFF and SHORT, JJ., and MOORE, A.J., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.