THE STATE OF SOUTH CAROLINA
In The Supreme Court
Bannum, Inc., a
Kentucky Corporation
with a principal place of
business in Largo,
Florida, Appellant,
v.
City of Columbia, a
municipality with a
principal place of
business in Columbia,
South Carolina and City
of Columbia Zoning
Board of Adjustments,
an appointed agency of
the City of Columbia, Respondents.
Appeal From Richland County
L. Casey Manning, Circuit Court Judge
Opinion No. 24943
Heard February 18, 1999 - Filed May 7, 1999
REVERSED
P. Benjamin Zuckerman, of Lewis, Babcock and
Hawkins, L.L.P., of Columbia, for appellant.
p.1
Thomas E. Ellenburg, of Columbia, for respondents.
PER CURIAM: Bannum, Inc. (Bannum) appeals a circuit court order
affirming the Zoning Board ofAdjustment's (ZBA) denial of a "special exception"
permit to use 1608 Westminster Drive as a residential care facility for federal
ex-offenders. We reverse.
FACTS
Bannum provides residential "halfway houses" for persons recently
released from federal prison. In February, 1997, the Bureau of Prisons (BOP)
issued a request for proposals (RFP) to construct and manage a 24 bed
residential care facility in Columbia.1 Bannum inquired of the City Zoning
Administrator as to zoning requirements for such residential care facilities, and
was advised by the Administrator, in March 1997, that such facilities having
more than 9 occupants are allowed in C-3 districts upon obtaining a "special
exception" permit.2 In April, 1997, Bannum leased the property at 1608
Westminster Drive.3 Thereafter, the BOP awarded Bannum a contract for the