Dunes West v. Town of Mount Pleasant

In a direct appeal to the Supreme Court, Appellant Dunes West Golf Club, LLC, challenged the trial court’s grant of summary judgment in favor of Respondent Town of Mount Pleasant. In 2006, the Town of Mount Pleasant amended its zoning ordinance to create the Conservation Recreation Open Space zoning district, which imposed land-use restrictions on all golf course properties in Mount Pleasant, permitting only recreation and conservation uses. Appellant desired to carve out residential lots on its golf course property by designating several noncontiguous parcels as potential home sites. Because the new zoning designation did not permit construction of new homes, Appellant sought to have the golf course property rezoned to allow residential development. The Town denied the rezoning request, and Appellant filed suit, claiming the Town’s actions violated its equal protection and due process rights, and amounted to an unconstitutional taking of its property. Following discovery, the Town of Mount Pleasant successfully moved for summary judgment. The Court carefully reviewed each assignment of error and found summary judgment was properly granted.

Dunes West v. Town of Mount Pleasant