· 11/17/2008
ATC South, Inc. v. Charleston County
Citations
- 669 S.E.2d 337
- 380 S.C. 191
- 2008 S.C. LEXIS 335
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that competitor business, which sought to challenge rezoning to a classification that would permit a cell-phone tower, lacked standing where the potential injury or prejudice alleged was only an increase in business competition
- concluding constitutional standing requires an injury to a legally protected interest
- “Standing may be acquired: (1) by statute; (2) through the rubric of ‘constitutional standing;’ or (3) under the ‘public importance’ exception.”
- “Standing may be acquired: (1) by statute; (2) through the rubric of ‘constitutional standing’; or (3) under the ‘public importance’ exception.”
- holding the public importance exception did not apply in a zoning dispute where the \local government followed proper procedure and rezoned a single piece of property for a narrow purpose and the only complaint comes from a nonadjoining landowner which just happens to be a competitor\
- reviewing whether the appellant had constitutional or public importance standing after finding the appellant did not have statutory standing because he was not an adjoining landowner as required by the statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Kittredge, Toal, Waller, Pleicones, Beatty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.