Historic Charleston v. City of Charleston

Appellant Library Associates purchased a building located at 404 King Street (404 King) which was formerly the main branch of the Charleston County Public Library. Charleston City Council adopted Zoning Ordinance 2007-147, which rezoned the entire 404 King property. Respondents Historic Charleston Foundation and Preservation Society of Charleston then brought this action to challenge the ordinance's legality. The master invalidated the ordinance finding it was unlawful spot zoning. Upon review, the Supreme Court reversed: "Zoning ordinances are presumed valid and the person attacking one bears the burden of showing the zoning decision is arbitrary, unreasonable, and unjust. In passing on the validity of a zoning ordinance, it is not within a court's prerogative to pass upon the wisdom or expediency of the municipality's decision. Respondents did not meet their heavy burden here." View "Historic Charleston v. City of Charleston" on Justia Law