BEAUFORT, S.C. – The South Carolina Court of Appeals affirmed the decisions made by the City of Beaufort on the approval for a hotel and parking garage on Wednesday.
In a pair of decisions handed down on Oct. 30, the South Carolina Court of Appeals:
- Affirmed a decision from Circuit Court Judge Bentley Price in January 2022 denying the appeal of West Street Farms, LLC, Mix Farms, LLC, and Historic Beaufort Foundation that upheld the Historic District Review Board’s approval of developer 303 Associates’ hotel and parking garage in downtown Beaufort.
- Affirmed a decision by Circuit Court Judge R. Scott Sprouse in June 2023 that denied the request of plaintiffs West Street Farms, LLC and Mix Farms, LLC to overturn approvals granted by the City of Beaufort to 303 Associates, LLC for a new downtown hotel, apartments and parking garage. Judge Sprouse held that the request was improper given that a similar challenge had already been denied in Circuit Court.
303 Associates, LLC was founded by Dick Stewart and a friend. Stewart is a Beaufort developer who has been approved to build apartments in downtown as well.
Concerns were voiced by residents regarding the size and location of the projects, the parking garage, hotel and apartments. West Street Farms, LCC and Mix Farms, LLC are owned by Graham Trask, a real estate investor.
The City of Beaufort said that the hotel and parking garage were considered multiple times in meetings open to the public before they were approved by the Historic District Review Board and Zoning Board of Appeals in 2021.
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The City of Beaufort said that they have spent $88,135 in litigation costs responding to the legal actions and subsequent appeals. They also said that each court action at both the Circuit Court and Court of Appeals has upheld the City’s position.
“We are pleased with these decisions from the Court of Appeals, which is a three-judge panel,” said City Manager Scott Marshall. “We would like to thank prior City Attorney Bill Harvey and our current legal team handling these cases at Pope Flynn, LLC for their excellent representation.”
The plaintiffs can petition the South Carolina Supreme Court for review of these decisions, which would require a petition for rehearing before the Court of Appeals.