Supreme Court of South Carolina

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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.


Wednesday, June 19, 2024

09:30 a.m.     (Time Limits: 15-15-5)  
2023-000006   Friends of Gadsden Creek, Appellant, v. South Carolina Department of Health and Environmental Control and WestEdge Foundation, Inc, Respondents.

Benjamin David Cunningham and Lauren Megill Milton, both of South Carolina Environmental Law Project, of Mt. Pleasant, for Appellant. Bradley David Churdar, Bennett W. Smith, and Sara Volk Martinez, of Charleston, for Respondent South Carolina Department of Health and Environmental Control; and Mary Duncan Shahid, Michael Smoak Traynham, and Kirsten Elena Small, of Maynard Nexsen, P.C., all of Charleston, for Respondent WestEdge Foundation, Inc.

This Court granted certiorari to review the Friends of Gadsden Creek's appeal of an order from the administrative law court affirming South Carolina Department of Health and Environmental Control's decisions to issue a permit and certifications allowing commercial development of Gadsden Creek, a tidal creek on the Charleston peninsula, and its surrounding wetlands.

10:30 a.m.     (Time Limits: 15-15-5)  
2023-000166   The State, Respondent, v. Nyquan Tykie Brown, Petitioner.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown and Assistant Attorney General Julianna E. Battenfield, all of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Brown, 438 S.C. 146, 881 S.E.2d 771 (Ct. App. 2022).

11:30 a.m.     (Time Limits: 15-15-5)  
2023-000098   Alvetta L. Massenberg, Petitioner, v. Clarendon County Treasurer, Clarendon County Delinquent Tax Collector, Blacktop Ventures, LLC, Respondents.

Albert Peter Shahid, Jr., of Shahid Law Office, LLC; and John M. Bleecker, Jr., of Law Office of John M. Bleecker, Jr., both of Charleston, for Petitioner. Scott Franklin Talley, of Talley Law Firm, P.A., of Spartanburg, for Respondent Blacktop Ventures, LLC. William H. Johnson, of Johnson, Durant & Nester, LLC, of Manning, for Respondents Clarendon County Delinquent Tax Collector and Clarendon County Treasurer.

We granted Alvetta Massenberg's petition for a writ of certiorari to review the decision of the court of appeals in Massenberg v. Clarendon County Treasurer, Op. No. 2022-UP-410 (S.C. Ct. App. filed Nov. 16, 2022). Massenberg argues the tax sale of her real property must be set aside because the notice of levy was not posted in a "conspicuous" place as required by S.C. Code Ann. § 12-51-40(c).