Not to be Published PER CURIAM: Affirmed pursuant to the following authorities: State v. Galloway , 305 S.C. 258 , 263, 407 S.E.2d 662 , 665 (Ct. App. 1991) ("[T]he unappealed alternative ruling . . . constitutes an independent ground for upholding the judgment."); Elam v. South Carolina Department of Transportation , 361 S.C. 9 , 23, 602 S.E.2d 772 , 779-80 (2004) ("Issues and arguments are preserved for appellate review only when they are raised to and ruled on by the lower court.");...
Justice KITTREDGE. This case returns to us on remand from the United States Supreme Court to reconsider our opinion in Herron v. Century BMW 1 in light of its decision in AT&T Mobility LLC v. Concepcion. 2 Because the issue of preemption was not preserved for review in the South Carolina proceedings, we reinstate our initial opinion. I. The underlying action originally came before this Court on appeal of the trial court's denial of Appellant Century BMW's motion to compel...
PER CURIAM. This case requires us to consider whether the City of Columbia Zoning Ordinance (hereinafter "the Ordinance"), which limits to three the number of unrelated persons who may reside together as a single housekeeping unit, violates the Due Process Clause of the South Carolina Constitution. We find it does not. 1 I. The facts of this case are not in dispute. The property which is the subject of this appeal ("the property") is owned by Appellant McMaster and is located in the City of...
Justice KITTREDGE. This is a direct appeal in a tax case from the Administrative Law Court (ALC). The ALC upheld the South Carolina Department of Revenue's (DOR) disallowance of certain expense deductions claimed by Appellant Emerson Electric Company (Emerson). We affirm. I. Our standard of review is governed by the Administrative Procedures Act. S.C.Code Ann. 1-23-380(5) (Supp.2010). The Court may affirm the ALC's decision, remand the matter, or reverse or modify it if substantial rights...
Not to be Published PER CURIAM: After careful consideration of the Appendix and briefs, the writ of certiorari is DISMISSED AS IMPROVIDENTLY GRANTED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
PER CURIAM. In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the Agreement, respondent admits misconduct and consents to any sanction ranging from an admonition to a definite suspension not to exceed six (6) months. Respondent requests any suspension be imposed retroactively to June 12, 2008, the date of his interim suspension. In the Matter...
JUDGMENT FOR RESPONDENTS Chief Justice TOAL: Petitioners seek a declaration from this Court in its original jurisdiction that the General Assembly has neither authorized the State Election Commission or the County Election Commissions to conduct a Presidential Preference Primary in 2012, nor mandated that petitioners bear the financial burden of conducting the primary. Because we are firmly persuaded that the General Assembly, through passage of Provisos 79.6 and 79.12 for fiscal year 2011-...
JUSTICE PLEICONES: The South Carolina Coastal Conservation League (League) and the South Carolina Department of Health and Environmental Control (DHEC) appeal an administrative law judge's (ALJ) order permitting respondent to construct erosion control devices in a critical zone on Captain Sam's Spit (Spit). We reverse and remand, finding the ALJ's decision is affected by numerous errors of law. FACTS Respondent owns a peninsula (Spit) which lies primarily south of Kiawah Island, surrounded...
PER CURIAM. The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to the imposition of a public reprimand or definite suspension not to exceed two (2) years. In addition, respondent agrees to complete the Ethics School and Trust Account School portions of the Legal Ethics and Practice Program within six (6) months of the issuance of a public...
Chief Justice TOAL. In this action for divorce and equitable division, Appellant Cheryl Burch (Wife) appealed (1) the family court's valuation of certain real properties at the filing date for divorce rather than the date the properties were actually sold; (2) the denial of a request for contribution from Respondent Thomas Burch (Husband) to their child's private school education; (3) the denial of reimbursement for delinquent interest payment advanced by Wife; (4) the amount of Husband's...
Acting Chief Justice PLEICONES. We granted certiorari to review the Court of Appeals' opinion in Holmes v. Nat'l Servs. Indus., Op. No.2009-UP-364 (S.C. Ct.App. filed June 25, 2009). 1 We affirm. FACTS Petitioner began working for respondent National Service Industries ("National"), a linen company, at its Charleston laundering facility in August 1984. According to petitioner, the work environment at the facility was "very hot" and "sticky" with "a lot of lint and dust in the air," and...
PER CURIAM. The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to the imposition of either an admonition or public reprimand with the following conditions: 1) to fully comply with the terms of his current contract with Lawyers Helping Lawyers (LHL) which was renewed in October 2010; 2) to submit an affidavit to ODC attesting to his...
PER CURIAM. In this attorney disciplinary matter, the Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to the imposition of an admonition, public reprimand, or definite suspension not to exceed sixty (60) days. We accept the Agreement and definitely suspend respondent from the practice of law in this state for a sixty (...
Acting Chief Justice BEATTY. In this action, Deborah W. Spence ("Mrs. Spence") alleges attorney Kenneth Wingate and his law firm ("Wingate") 1 breached a fiduciary duty to her as a former client regarding the handling of her late husband's congressional life insurance policy. The circuit court granted partial summary judgment to Wingate, finding as a matter of law that Wingate did not owe any fiduciary duties in this regard. The Court of Appeals reversed and remanded the matter for trial,...
Not to be Published PER CURIAM: The appealed order which imposed a prior restraint upon appellant is reversed. Oklahoma Pub. Co. v. Dist. Court in and for Oklahoma County , 430 U.S. 308 (1977). REVERSED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
Chief Justice TOAL. In this premises liability action, we are reviewing the court of appeals' decision upholding the circuit court's grant of summary judgment in favor of a motel and its franchisee when a guest was shot in the leg during an attempted robbery outside of his motel door. We affirm. FACTS/PROCEDURAL BACKGROUND The facts of this case are undisputed. From approximately June 1999 until the end of September 1999, Petitioner Gerald Bass was a guest at the Super 8 Motel (Super 8) in...
DEFINITE SUSPENSION PER CURIAM. In this attorney disciplinary matter, the Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21, RLDE, Rule 413, SCACR. In the Agreement, respondent admits misconduct and consents to the imposition of an admonition, public reprimand, or a definite suspension not to exceed ninety (90) days, with conditions as follows: 1) continued psychiatric and/or psychological treatment,...
Justice HEARN: Sean Taylor appeals from an order which terminated his parental rights to his six-year-old daughter on three grounds: willful failure to visit, willful failure to support, and the child had been in foster care for fifteen out of the previous twenty-two months. Following a review of the record, we hold that the Charleston County Department of Social Services (DSS) did not meet its burden with respect to the first two grounds and the child's placement in foster care for at least...
Justice HEARN: A jury convicted William Dickerson of first degree murder, kidnapping, and criminal sexual conduct, and he was sentenced to death. Dickerson now appeals his sentence pursuant to Section 16-3-25(A) of the South Carolina Code (2003). He argues the circuit court erred: (1) in not excusing a juror for cause; (2) in limiting the cross-examination of the pathologist called by the State; (3) in not charging the jury on the law of accessory after the fact; and (4) in limiting the...
Justice PLEICONES. Respondent brought an action against petitioner for negligent misrepresentation, unjust enrichment, and breach of contract. The master-in-equity awarded respondent $10,160.79 in damages. The Court of Appeals affirmed. Atlantic Coast Builders and Contractors v. Lewis, Op. No.2009-UP-042 (S.C. Ct.App. filed Jan. 15, 2009). This Court granted certiorari to review the Court of Appeals' decision. We affirm. FACTS On March 28, 2003, petitioner, acting through a leasing agent,...
