Beaufort is buzzing with excitement and a bit of tension following the recent rulings from the South Carolina Court of Appeals on issues that are shaping the charming city’s downtown landscape. The court made waves by addressing two significant cases between developer Dick Stewart, landowner Graham Trask, and the Historic Beaufort Foundation. It seems there’s more at stake here than just handsome buildings and parking spots!
At the center of this legal drama is Stewart’s plan to build a brand-new hotel on Scott Street and a parking garage off Craven Street. Sounds appealing, right? Well, not everyone is on board. Trask and the Historic Beaufort Foundation challenged these approvals from the Historic Review Board, claiming that the development could alter the beloved character of downtown Beaufort.
This past October 30, the Court of Appeals decided that the Historic Review Board’s ruling would stand, stating simply that the arguments against it weren’t backed by enough legal authority. In their strikingly brief opinion, the trio of judges explained, “When an appellant provides no legal authority regarding a particular argument, the argument is abandoned.” Ouch! That’s a tough pill to swallow for the opposing parties.
In a previous attempt to overturn the Board’s approvals, West Street LLC and the Historic Beaufort Foundation had turned to Circuit Judge Bentley Price in January 2022, but he sided with Stewart too. Rounding up their battle, the parties took their case all the way to the Court of Appeals, only to be met with a similar response.
Adding to the mix, there was an effort by Trask and the Historic Beaufort Foundation to secure an injunction—a more formal way of saying “please stop that from happening.” But here’s the twist: the court upheld the previous decision refusing this relief, leaning on the principle that if an administrative agency is already on the job, the courts usually take a step back.
In an interesting turn of events, the City of Beaufort shared that they spent a hefty sum of $88,135 on legal fees for these cases. That’s not something you see every day! Transparency is key, and it seems the city is hoping to keep citizens engaged in what goes on behind closed doors—especially when legal battles come knocking. In a nod to history, this sort of disclosure is somewhat rare in municipal matters, making this revelation notable.
Although the Court of Appeals has rendered its opinion, the story isn’t over yet. West Street LLC, Mix Farms LLC, and the Historic Beaufort Foundation could still request that the South Carolina Supreme Court take a look at the case. And there’s another layer of complexity: Stewart is currently pursuing damages in a separate civil lawsuit. So, grab some popcorn, because this storyline looks like it has many twists and turns ahead!
To wrap things up, one thing is clear: whether you’re for or against the developments, this legal saga is sure to continue defining Beaufort’s vibrant character. After all, it’s hard to argue that the balance between progress and preservation is anything but essential.
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