Alliance to Preserve the Old White Horse Road Corridor v. RP&L, LLC and the Greenville County Planning Commission

Syllabus

This appeal arises from the Greenville County Planning Commission's approval of a preliminary subdivision plan for The Stables, a proposed development of seventy-three homes in northern Greenville County. The Alliance to Preserve the Old White Horse Road Corridor, LLC (the Alliance) and Mary Jean Horney (collectively, Appellants) contend the Planning Commission erred in approving this development plan because the plan does not comport with Greenville County's Land Development Regulations (LDR). More specifically, Appellants assert the Planning Commission (1) failed to set forth findings of fact, conclusions of law, or other written grounds to explain its reasoning for approval of the preliminary subdivision application; (2) approved the application despite a lack of evidence establishing the plan for The Stables satisfies the criteria mandated by the LDR; (3) approved the application despite a lack of evidence that the Greenville County Fire Department had reviewed the plan; and (4) violated Appellants' procedural due process rights by failing to make a revised preliminary plan available for public review prior to the meeting at which the preliminary subdivision application was approved. We reverse the order of the circuit court affirming the Planning Commission's approval of this proposed development plan.