Our client, a prominent real estate developer, embarked on a significant project to develop a large residential neighborhood – this promising development site stood partially adjacent to an existing landfill, one that operated under state-issued permits that specific height limitations and waste types.
After acquiring the property and investing heavily in the project, our client was confronted with a sudden and unexpected challenge – the landfill operator obtained an amended permit from the state, allowing them to significantly increase the landfill’s mound heights beyond the original specifications – without notifying our client or the community around it. This threatened not only the environmental integrity of the area, but also the livability and the appeal of the in-progress and newly-developed residential neighborhoods.
Our firm took immediate action, launching an administrative appeal against the amended permit, just one part of our commercial, business and contractual disputes – with a meticulous review of the permitting regulations and the specifics of the permit file. Through this detailed analysis, we argued before the Administrative Law Court that the state and landfill violated regulations and laws by expanding the landfill size. Our arguments included violations of local zoning ordinances and inadequate notification to impacted property owners.
Our arguments resonated with the judiciary – the court recognized the procedural and regulatory breaches involved in the landfill’s permit expansion and decided in favor of our client by reversing the permit amendment. This decision was subsequently upheld by the South Carolina Court of Appeals, reinforcing the righteousness of our client’s position.
This victory not only preserved the residential neighborhood’s environment and community standards but also set a precedent for how similar cases should be handled to ensure lawful and considerate development practices. It underscored our firm’s commitment to defending community interests and our capability to navigate complex environmental and administrative law challenges successfully.
This case study exemplifies our firm’s strategic of handling environmental law and real estate law issues and our dedication to protecting our clients’ investments and the communities they serve.
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