SC Appeals Court docket docket Holds Metropolis Ordinance Didn’t Current Sincere Uncover of Violation Regarding Constructing of Dock

This submit was authored by Matthew Loescher, Esq.

Murray was the proprietor of American Dock and Marine Constructing (ADMC) and a licensed marine contractor. ADMC – which focuses on dock, boatlift, and totally different improvement in wetlands areas – was employed by Jason Tomkins to assemble a dock at 1102 Osceola Avenue. In 2014, Murray obtained an adjunct constructions permit from TOSI for the event of the dock. As part of that allow, TOSI moreover issued ADMC a Certificates of Zoning Compliance, which stated, “Switch pierhead, floating, and boatlift landward to not exceed adjoining docks.” The permit required Murray to submit an “as-built” survey to TOSI when he achieved the dock, which he did in 2014. As Murray’s as-built survey confirmed the dock extended 9 ft earlier the adjoining docks, nonetheless, TOSI arrested Murray and Tomkins and charged them with violation of TOSI’s ordinance sections 21-75 and 5-10. On this case, Murray appealed the circuit courtroom’s order affirming his municipal courtroom conviction for violating the Metropolis of Sullivan’s Island’s (TOSI’s) ordinances related to the event of a dock.

On attraction, the courtroom held the circuit courtroom erred in affirming Murray’s municipal courtroom conviction on account of TOSI’s ordinances have been imprecise as utilized proper right here, since they did not current Murray with sufficient sincere uncover that violation might result in jail obligation. Furthermore, TOSI did not present proof the docks really interfered with navigation or in any method extended into the channel. The file mirrored that establishing inspector Robinson’s testimony was the one proof that Murray’s dock interfered with navigation, and the courtroom found that his conclusory statements have been premised on solely the permit notation – considerably than the licensed provisions of any ordinance. Given that establishing inspector decided what constituted prohibited conduct with none steering from the codified language, the courtroom determined that the citizenry was not educated what acts have been jail. As such, the courtroom reversed the circuit courtroom’s order affirming Murray’s conviction as a result of the TOSI’s ordinances failed to produce Murray with sincere uncover that establishing a dock previous adjoining docks was a jail violation.

Metropolis of Sullivan’s Island v Murray, 2021 WL 3890292 (SC App. 9/2/2021)