SC Judicial Department

5-15-2013 - Opinions

27252 - Town of Hollywood v. Floyd

The Town of Hollywood (the Town) filed this action against William Floyd, Troy Readen, and Edward McCracken (collectively, the developers) seeking a declaration that the developers may not subdivide their property without approval from the Town's Planning Commission and an injunction prohibiting subdivision of the property until such approval is obtained. The developers filed counterclaims under 42 U.S.C. § 1983 (2006), alleging equal protection and due process violations as well as various state law claims. The circuit court granted summary judgment in favor of the Town on its claims for equitable and declaratory relief, and also granted the Town's motion for a directed verdict on the developers' state law claims. The jury returned a verdict in favor of the Town on the developers' due process claim, but awarded the developers $450,000 in actual damages on their equal protection claim. Both parties appealed. We affirm the circuit court's grant of summary judgment in favor of the Town on its claims for declaratory and injunctive relief because the Town's ordinances clearly state the Planning Commission must approve subdivision plats if the property is subdivided into more than three lots. We reverse the circuit court's denial of the Town's motion for a directed verdict on the equal protection claim because the developers failed to show the Planning Commission treated them differently than other similarly situated developers in the subdivision application process. Consequently, we also reverse the circuit court's grant of the developers' motion for attorney's fees and costs.

27253 - Gibbs v. State

After being convicted of kidnapping, armed robbery, and possession of a deadly weapon during the commission of a violent crime, Petitioner sought, and was denied, post-conviction relief (PCR) on two grounds: (1) trial counsel was ineffective for failing to contemporaneously object to the introduction of a lineup, show-up, and in-court identifications; and (2) trial counsel was ineffective in failing to request a jury instruction on the law of the alibi as part of the defense strategy. The Court affirms the denial of Petitioner's PCR application.