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November 2014



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.

Tuesday, November 18, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2013-000364    Ann Dreher, Respondent, v. South Carolina Department of Health and Environmental Control, Petitioner.

Associate General Counsel Bradley D. Churdar, of Charleston, for Petitioner. Christopher McG.Holmes, of Mt. Pleasant, for Respondent.

Respondent seeks a permit to construct a bridge on her Folly Island property. The Administrative Law Court affirmed DHEC's denial of the permit application. The Court of Appeals reversed. We granted certiorari to review the Court of Appeals' decision.

10:00 a.m.           (Time Limits: 10-10-5)
2012-213148    Ricky Rhame, Petitioner, v. Charleston County School District, Respondent.

Blake A. Hewitt and John S. Nichols, both of Bluestein Nichols Thompson & Delgado, of Columbia and Kenneth W. Harrell and Patrick L. Jennings, both of Joye Law Firm, of North Charleston, for Petitioner. Stephen L. Brown, Catherine H. Chase and Leslie M. Whitten, all of Young Clement Rivers, LLP, of Charleston, for Respondent.

Petitioner filed a workers' compensation claim, seeking benefits for an alleged repetitive trauma injury to his back. The single commissioner awarded benefits, but the full commission reversed. The Court of Appeals dismissed petitioner's appeal. We granted certiorari to review the Court of Appeals' dismissal.

10:30 a.m.           (Time Limits: 15-15-5)
2013-001067    Columbia Venture, LLC, Appellant, v. Richland County, Respondent.

Manton M. Grier, James Y. Becker and Elizabeth H. Black, all of Haynsworth Sinkler Boyd, PA, of Columbia, for Appellant. M. McMullen Taylor, of Mullen Taylor, LLC, of Columbia, Pope D. Johnson, III, of Johnson & Barnette, LLP, of Columbia, and John D. Echeverria, of South Royalton, Vermont, for Respondent. John S. Nichols, of Bluestein Nichols Thompson and Delgado, of Columbia, for Amicus Curiae, The Association of State Floodplain Managers, Inc. Robert E. Lyon, Jr., John K. DeLoache, Alexander White Smith and James Ferguson Knox, all of Columbia, for Amicus Curiae, South Carolina Association of Counties.

In this direct appeal, Appellant Columbia Venture, LLC appeals the special referee's grant of summary judgment in favor of Richland County as to Appellant's physical and regulatory takings claims.

Wednesday, November 19, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-213400    Wachesaw Plantation East Community Services Association, Inc., Respondent, v. Todd C. Alexander, Petitioner.

Charles T. Smith, of Georgetown, for Petitioner. Hal LaVaugh Beverly, Jr., of Myrtle Beach, for Respondent. Jack M. Scoville, Jr., of Georgetown, for Third Party Bidder.

The Court granted certiorari to review the Court of Appeals' order to dismiss Petitioner's appeal wherein the Court of Appeals concluded that the appeal to vacate a sale due to a homeowner's regime fee lien foreclosure before the deed was issued was moot.

10:00 a.m.           (Time Limits: 15-15-5)
2012-208586    North American Rescue Products, Inc., Respondent/Petitioner, v. P. J. Richardson, Petitioner/Respondent.

C. Mitchell Brown and A. Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, and Rivers S. Stilwell, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Petitioner/Respondent. Robert L. Widener, of McNair Law Firm, PA, of Columbia and Bernie W. Ellis, of McNair Law Firm, PA, of Greenville, for Respondent/Petitioner.

The Court granted cross-petitions for certiorari to review the court of appeals' opinion in North American Rescue Products, Inc. v. Richardson, 396 S.C. 124, 720 S.E.2d 53 (Ct. App. 2011), which held the trial court did not err in denying a motion for directed verdict where two businessmen purportedly terminated an agreement to swap stock in their respective corporations, and further held the trial court did not err in upholding the jury verdict for specific performance of the contract with a valuation of the stock of $2,936,000.00.

10:30 a.m.           (Time Limits: 10-10-5)
2012-212222    The State, Respondent, v. Charvus Tarrel Nesbitt, Appellant.

Kenneth Philip Shabel, of Campbell & Shabel, of Spartanburg, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Charvus Nesbitt appeals an order of the plea court invalidating his sentence on a charge of possession of a weapon during the commission of a violent crime, but affirming sentences imposed on Nesbitt for murder, attempted murder, and attempted armed robbery. Nesbitt contends, since an explanation of the charge and potential sentences on the weapon charge was not included in his plea before the court, the negotiated plea never became enforceable and the plea court abused its discretion in refusing to set aside his plea and sentences on all four charges.

Thursday, November 20, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2012-213426    The State, Respondent, v. Demetrius Price, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent.

The Court granted certiorari to review the decision of the Court of Appeals in State v. Price, 400 S.C. 110, 732 S.E.2d 652 (Ct. App. 2012).

10:00 a.m.           (Time Limits: 10-10-5)
2013-000125    Melanie Taylor, Petitioner, v. Converse College, Respondent.

Nancy Bloodgood and Lucy C. Sanders, both of Foster Law Firm, of Charleston, for Petitioner. Thomas H. Keim, Jr., of Ford & Harrison, LLP, of Spartanburg, for Respondent.

The Court granted certiorari to review the court of appeals' opinion affirming the circuit court's grant of summary judgment in favor of Converse College on Taylor's claim for breach of contract.

Cases to be Submitted Without Oral Argument

Lenson Clyburn Jr., Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.