John's Marine Service, Inc. v. Oconee County BZA

Syllabus

This appeal challenges the circuit court's order affirming the Oconee County Board of Zoning Appeals' (BZA) granting of a right-of-way variance for the construction of a private road to access a proposed subdivision on Lake Keowee. Appellants argue the BZA: (1) lacked jurisdiction to determine the existence of a prescriptive easement, (2) erred in assuming Oconee County (the County) held a prescriptive easement, and (3) erred in expanding the purported easement. Appellants further contend the BZA's approval of the variance application was arbitrary and capricious. We affirm.