Supreme Court of South Carolina

Ani Creation v. City of Myrtle Beach

June 28, 2023

Summary

The court upheld Myrtle Beach's downtown overlay zoning ordinance against procedural, equal protection, due process, takings, and state-law conflict challenges. It concluded that the ordinance was timely enforceable, rationally related to legitimate tourism and public-welfare objectives, provided adequate administrative review, and did not impose a compensable taking or criminalize otherwise lawful conduct. The court affirmed the decisions of the circuit court and Board of Zoning Appeals.