Supreme Court of South Carolina

Braden's Folly, LLC v. City of Folly Beach

April 5, 2023

Summary

The court held that the City's merger ordinance did not effect an unconstitutional regulatory taking of the owner's two contiguous beachfront lots. Treating the lots as a single relevant parcel, the court concluded that the economic-impact and character-of-government-action factors favored the City, while investment-backed expectations were neutral. The court therefore reversed the summary judgment entered for the owner and remanded for entry of judgment for the City.