Shearouse Adv. Sh. No. 17
S.E. 2d

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


BANNUM, INC. v. CITY OF COLUMBIA, et al.





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


1The facility will serve up to 29 ex-inmates, all of whom a