South Carolina Court of Appeals’ Opinions

On Wednesday, September 7th, the South Carolina Court of Appeals published SCDOR v. Meenaxi, Inc. Menaxi, Inc. (Appellant) appealed the administrative law cout’s (ALC’s) order affirming the SC Department of Revenue’s revocation of an off premises beer and wine permit that allowed alcohol to be sole at the Corner Mart.

On appeal,  Appellant argued (1) the ALC erred in determining the Department brought and pursued this action against the proper parties; (2) the Department’s failure to bring and pursue this case against the proper parties violated the due process rights of Malkesh Patel?the owner of Meenaxi, Inc. and the Corner Mart; (3) the ALC erred in revoking Appellant’s permit pursuant to subsection 61-4-580(5) of the South Carolina Code (2009); (4) the ALC’s factual findings and legal conclusions were based upon erroneously admitted testimony and evidence; and (5) the ALC abused its discretion and committed an error of law by determining that revocation of the permit was the appropriate penalty  The Court affirmed the finding of the ALC on all issues.

On August 31st, the Court of Appeals published The Gates at Williams-Brice v. DDC Construction. In the circuit court denied the Defendant Developers (Developers) motion for a nonjury trial and s to strike the class action allegation of Katharine Swinson and all others similarly situated, and the Gates at Williams-Brice Condominium Association (collectively ‘Homeowners”)  This Court reversed the denial of Developers’ motion for a nonjury trial and to strike Homeowners’ class action allegations.  The Court of Appeals concluded Developers timely raise the mode of trial issues to the circuit court, and therefore, it was an errot to find Developer’s motion untimely.

The Court further held Homeowners could not retroactively amend the master deed to remove the jury trial and class action waivers and found Homeowners voluntarily and knowingly waived their rights, which were conspicuously and unambiguously set forth in the master deed.

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