Justia South Carolina Supreme Court Opinion Summaries

The South Carolina Coastal Conservation League (League) and the South Carolina Department of Health and Environmental Control (DHEC) appealed an administrative law judge's (ALJ) order that allowed Respondent Kiawah Development Partners to construct erosion control devices in a critical zone on Captain Sam's Spit (Spit). Respondent owend a peninsula (Spit) which lies primarily south of Kiawah Island, surrounded on three sides by the Atlantic Ocean, Kiawah River and Captain Sam's Inlet which separates the Spit from Seabrook Island. For the past sixty years, the Spit has been "growing," accreting sand on the ocean side at a greater rate than it has been losing ground to erosion on the river side. Respondent leased oceanfront property near the neck to the Charleston County Parks and Recreation Commission, which operates Beachwalker Park there. Respondent sought a permit from DHEC to erect a 2,783 foot bulkhead/revetment combination along the Kiawah River, with the structure to begin at the neck, that is, at Beachwalker Park. DHEC authorized construction of the proposed erosion control device for 270 feet, beginning at Beachwalker Park, and denied the remaining portion of the request. Both the League and Respondent requested a contested case hearing before the ALJ, the League to protest the portion of the permit request which was granted, and Respondent to challenge the portion denied. The Appellants contended the ALJ failed to give the deference due DHEC's interpretation of the statutes and regulations, and further that he exceeded his authority in rewriting the permit, resulting in one with terms neither approved by DHEC nor sought by Respondent. Upon review of the ALJ's ruling and the applicable legal standards, the Supreme Court reversed and remanded, finding the ALJ's decision was "affected by numerous errors of law … beginning with the ALJ's misunderstanding of the applicable statutes, regulations, and public policies, and concluding with his erroneous effort to craft a new permit, one which has never been sought by respondent, nor reviewed by OCRM, and which he, in any case, lack[ed] the authority to issue." View "Kiawah Development v. So. Car. Dept. of Health & Environ. Cont." on Justia Law

Petitioner Carolyn Holmes began working for linen company Respondent National Service Industries (National). 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 was poorly ventilated. Petitioner was exposed to the fumes of bleach and did not wear a protective mask. In 1992, she began experiencing breathing and sinus problems. Petitioner never experienced breathing or sinus problems prior to working for National. In 1995, Petitioner was diagnosed with sarcoidosis, a respiratory and pulmonary condition. Petitioner testified that her doctor did not know what caused her sarcoidosis and that, in light of this statement, she took no further steps to determine the cause of her condition. In July 2005, Petitioner got a second opinion. Petitioner's second doctor stated in his report that it was unclear whether Petitioner's work exposure at National caused her sarcoidosis, but that it was more likely that her exposure to the airborne particles and fumes worsened her condition, which had previously developed. Based on this, Petitioner filed a workers' compensation claim alleging a compensable injury by accident to her lungs and respiratory system arising out of and in the scope of her employment with National on July 12, 2005, the date she alleges she first discovered her sarcoidosis was related to her employment. A single commissioner found Petitioner sustained a compensable injury. The full commission reversed the commissioner, finding petitioner's claim was barred by a two-year statute of limitations. Specifically, the full commission found petitioner was aware of her working conditions and, with some diligence on her part, could have discovered she had a claim more than two years before her filing date. Petitioner appealed. The circuit court and Court of Appeals affirmed the full commission's determination that petitioner failed to file her claim within the statute of limitations. Upon review, the Supreme Court found that the trial and appellate courts correctly found substantial evidence in the record to support the full commission's findings that Petitioner's claim was barred by the statute of limitations. Accordingly, the Court affirmed the appellate courts' decisions. View "Holmes v. National Service Industries" on Justia Law

Respondent Deborah Spence alleged that attorney Kenneth Wingate breached a fiduciary duty to her as a former client in its handling of her late husband's life insurance policy. Mr. Spence was a member of United States House of Representatives, and he held a life insurance policy.  Mr. Spence named Mrs. Spence and his four sons from a prior marriage as the beneficiaries of the policy, with all five to receive equal shares of the proceeds. Wingate undertook representation of Mrs. Spence with regards to the assets of her husband, her inheritance rights, and her rights in his estate.  Wingate advised Mrs. Spence that she was entitled to nothing from her husband's estate and that she was barred from receiving an elective share by a prenuptial agreement. Wingate advised Mrs. Spence to enter into an agreement with the four adult sons of Mr. Spence to create a trust to provide her with a lifetime income stream. The trust was to be created and funded from one-third of the value of Mr. Spence's probate estate. Mrs. Spence thereafter came to believe that the amount she received under the agreement negotiated by Wingate was much less than what she was entitled to under the will and its codicil or if she had opted for an elective share. Mrs. Spence thereafter brought a lawsuit to set aside the agreement creating the trust. The agreement was eventually set aside. The circuit court granted partial summary judgment in favor of Wingate and found that, "[b]y statute, [Wingate] owed no duty or obligation to [Mrs. Spence] in connection with the congressional life insurance policy or the manner in which it was paid." The Court of Appeals reversed the grant of summary judgment to Wingate and remanded the matter for trial. Upon review, the Supreme Court concluded Wingate owed a fiduciary duty to Mrs. Spence: "[t]his duty included, among other obligations, the obligation not to act in a manner adverse to her interests in matters substantially related to the prior representation.  … we uphold the decision of the Court of Appeals to reverse the grant of summary judgment and remand this matter for trial.  To the extent the Court of Appeals indicated whether a duty was owed was a question of fact for the jury, the decision is modified to recognize that whether a fiduciary relationship exists between two classes of persons is a matter to be determined by a court." View "Spence v. Wingate" on Justia Law

In the summer of 1999, Petitioner Gerald Bass was a guest at the Super 8 Motel (Super 8) in Orangeburg while he and several co-workers performed refrigeration work at a local grocery store.  Gopal, Incorporated (Respondent), a franchisee of Super 8, owned and operated the motel. At approximately 10 PM on one evening, Petitioner and his roommate were turning in for the evening when they received a knock at their door. Both men got out of bed, and without looking first to see who was at the door, the roommate opened the door. They saw a man standing a couple of feet from the door. The man then asked Petitioner for his money. When Petitioner refused, the man shot Petitioner in the leg with a small caliber handgun and fled on foot. In September 2002, Petitioner filed a complaint alleging negligence against both Respondent and Super 8. Respondent and Super 8 each filed motions for summary judgment, which were granted.  The court of appeals affirmed, and Petitioner appealed. At issue on appeal was "foreseeability": whether a business owner has a duty to protect its invitees from criminal acts of third parties. Upon review, the Supreme Court adopted a balancing approach to determine "foreseeability," but found that it was unreasonable for Respondent to have foreseen what happened to Petitioner: "[e]ven with all reasonable inferences from the evidence cast in favor of Petitioner, we find Petitioner did not provide the circuit court any evidence that Respondent's security measures were unreasonable given the risk of criminal activity on the property. " The Court affirmed the grant of summary judgment in favor of Respondent. View "Bass v. Gopal" on Justia Law

A jury convicted Defendant William Dickerson of first degree murder, kidnapping, and criminal sexual conduct, for which he was sentenced to death.  On appeal to the Supreme Court, Defendant argued 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 testimony of Dickerson's cousin during the penalty phase of his trial.  Upon review, the Supreme Court affirmed and further found that Defendant's sentence was proportional, supported by the evidence, and not the result of passion, prejudice, or any other arbitrary factor. View "South Carolina v. Dickerson" on Justia Law

Appellant Sean Taylor appealed 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 because the child had been in foster care for fifteen out of the previous twenty-two months.  Following a review of the record, the Supreme Court held that Respondent Charleston County Department of Social Services (DSS) did not meet its burden with respect to the first two grounds, and that the child's placement in foster care for at least fifteen of the last twenty-two months was not a sufficient ground for termination of Appellant's rights under the facts of this case. Accordingly, the Court reversed the family court's decision and directed DSS to implement a plan to reunify Appellant with his daughter, or to place the child with her grandparents until reunification could be achieved. View "Charleston County DSS v. Marccuci" on Justia Law

Respondent Atlantic Coast Builders & Contractors, LLC brought an action against Petitioner Laura Lewis for negligent misrepresentation, unjust enrichment, and breach of contract.  In 2003, Petitioner, acting through a leasing agent, entered into a commercial lease whereby Respondent would lease from Petitioner property located in Beaufort County.  Although Petitioner represented in the lease that the property could lawfully be used for a building and construction office, the property was zoned "rural," meaning virtually all commercial uses were prohibited. Respondent occupied the property and made numerous alterations to it. A few months later, a Beaufort County zoning official served Respondent with notice and warning of two violations for Respondent's failure to obtain a certificate of zoning compliance before occupying the premises and its failure to obtain a sign permit before erecting a sign.  Respondent vacated the property, relocated its business, and ceased making rental payments. Respondent then instituted this action. Petitioner denied the allegations and made a counterclaim for breach of contract.  The master in equity entered judgment in favor of Respondent. The Court of Appeals affirmed, finding the master properly granted judgment in favor of Respondent. Upon review, the Supreme Court found that Petitioner did not appeal all grounds on which the master's judgment was based.  Namely, she did not challenge the determination that Respondent was entitled to recover based on unjust enrichment.  Accordingly, the Court affirmed the master-in-equity's and appellate court's decisions in favor of Respondent. View "Atlantic Coast Builders & Contractors v. Lewis" on Justia Law

Petitioner Jason Dickey appealed a court of appeals' decision that affirmed his conviction of voluntary manslaughter.  Petitioner worked as a security guard at an apartment building when on the night of April 29, 2004, an intoxicated water balloon toss among residents turned into a heated argument. The prank so angered visitor Joshua Boot that he threatened to physically assault the person who splashed him. Boot began banging on neighbors' doors, which prompted his resident-host to go to the security desk to ask Petitioner to evict her guest.  Petitioner testified he pulled the gun to discourage Boot and another guest from attacking him. Petitioner testified he saw Boot reach under his shirt as he came towards him, and Petitioner feared he was reaching for a weapon. Without warning, Petitioner fired three shots striking Boot. Subsequently, a Richland County grand jury indicted Petitioner for murder. Petitioner's counsel twice moved for a directed verdict of acquittal on the ground that Petitioner was acting in self-defense when he shot Boot. The circuit judge denied both motions. Upon review, the Supreme Court found that the State failed to disprove the elements of self-defense beyond a reasonable doubt.  Even viewing the facts in a light most favorable to the State, the evidence established that Petitioner shot and killed Boot in self-defense.  Therefore, the Court reversed the court of appeals and overturned Petitioner's conviction. View "South Carolina v. Dickey" on Justia Law

The Supreme Court accepted the certified question from the United States District Court for the District of South Carolina on whether the South Carolina Solid Waste Policy and Management Act, (SWPMA) preempted Horry County Ordinance 02-09 entitled "An Ordinance Regulating the County-Wide Collection and Disposal of Solid Waste Generated within Horry County and for the Prohibition of the Disposal of Solid Waste Materials in any Manner Except as Set Forth Herein; and Providing Penalties for Violation Thereof."  Plaintiffs Sandlands C&D, LLC (Sandlands) and Express Disposal Service, LLC (EDS) are related, privately-owned South Carolina companies.  Sandlands owned and operated a landfill in Marion County, approximately two miles across the Horry County border, and EDS hauls waste originating in South Carolina and North Carolina to Sandlands' landfill.  DHEC granted Sandlands a permit to accept construction and demolition (C & D) waste at the Marion County site.  Prior to the passage of Horry County Ordinance 02-09, Sandlands received C & D waste originating in Horry County and hauled by EDS, accounting for a large portion of the waste processed at its landfill. Upon review of the applicable legal authority, the Supreme Court responded in the negative: the county ordinance was not preempted by the SWPMA. View "Sandlands C&D v. County of Horry" on Justia Law

Appellant Thomas Jennings was convicted of two counts of committing a lewd act upon a minor and was sentenced to fifty-five months' imprisonment for the first charge and fifteen years, suspended upon the service of fifty months and three years' probation for the second charge, with the sentences to run consecutively.  Appellant appealed his convictions, arguing the trial court erred in allowing the State to introduce the written reports of a forensic interviewer.  Appellant admitted he developed a friendly relationship with the victims and that he had engaged in incidental physical contact with them from time to time.  He vehemently denied, however, touching any of them inappropriately. The forensic interviewer interviewed each of the children.  The State called her as its first witness and asked her to briefly summarize what each of the victims told her during the interviews.  Appellant objected, and the trial court sustained the objection.  The State then moved to admit the forensic interviewer's written reports into evidence.  Over Appellant's objection, the trial court allowed the written reports into evidence. Upon review, the Supreme Court found portions of the written reports constituted inadmissible hearsay as they were out-of-court statements offered to prove that appellant did in fact inappropriately touch the children in the way that they claimed. The Court also found the trial court erred in allowing the State to introduce this evidence, which was not harmless: "[the] trial hinged on the children's credibility, and the written reports were cumulative to the children's testimony." Accordingly, the Court reversed appellant's convictions and remanded the case for further proceedings. View "South Carolina v. Jennings" on Justia Law