Our client, a prominent real estate developer, had embarked on a significant project to develop a large residential neighborhood adjacent to an existing landfill. This ambitious development required considerable investment and was expected to enhance the community appeal in the surrounding area.
Shortly after acquiring the property and beginning development, our client faced a sudden and unforeseen challenge: the landfill operator obtained an amended state permit, increasing the landfill’s mound height beyond the original specifications—without notifying our client or the nearby residents. This change threatened not only the environmental integrity of the area but also the livability and appeal of the newly-developed neighborhood.
The amended permit was granted without adequate notification to impacted property owners, creating a potential health and environmental hazard for the community. The client needed an urgent legal response to protect their investment and preserve the neighborhood’s quality of life.
Our team at McCullough Khan LLC took swift action by launching an administrative appeal against the amended permit. We conducted a meticulous review of the state permitting regulations and thoroughly analyzed the permit file to identify any procedural missteps. Our approach focused on demonstrating:
We argued before the Administrative Law Court that the state and landfill operator had breached multiple regulations by allowing the landfill expansion without proper community notice. These arguments highlighted how the permit amendment threatened the community’s environmental standards.
The court acknowledged these regulatory breaches and ruled in favor of our client by reversing the permit amendment. This decision was later upheld by the South Carolina Court of Appeals, setting a significant precedent for lawful and transparent permitting processes in similar cases.
For more about how we handle such complex issues, see our Property Disputes and Property Contract Disputes and Commercial, Business, and Contractual Disputes services.
This victory not only safeguarded the environment and community standards but also underscored McCullough Khan LLC’s dedication to protecting clients’ investments and advocating for responsible development practices. If you’re facing similar challenges, contact us to discuss how we can assist you in defending your property and community interests.
