Bluffton - On August 15, 2022, Magistrate Judge McCall-Tanner ruled in favor of Beaufort County and gave Carolina Retail until September 9, 2022 to vacate the County’s property.
Carolina Retail had entered into a lease agreement with Beaufort County in 2018.
Carolina Retail was not required to pay rent. In exchange, it agreed to quietly vacate the property on January 31, 2020. In 2020 due to COVID, the Company continued to operate the stand without a lease. Beaufort County allowed it to remain on the property.
"The County understands Carolina Retail is considered by some tourists and residents as a landmark," said Brittany Ward, Deputy County Attorney. "The County is responsible for not only creating laws but also enforcing and adhering to the law. Unfortunately, the location of Carolina Retail is in proximity to a right of way. It is encumbered by zoning regulations created by the local community, both prohibit commercial businesses."
Buckingham Landing Community Preservation District was created in 1997 by the local community. The residents sued the County over zoning enforcement in the Preservation District in 2021.
Carolina Retail remained on the property after its two-year rent-free lease had terminated and was afforded ample time to find a new location and vacate the property.
"When the land was purchased in 2017, and the Bluffton Flyover was constructed, the use of the property was not only restricted by the non-commercial use per the Preservation District but also the applicable SCDOT right-of-way laws," said Ward. "The combination of the right of way regulations, zoning laws, and a recent lawsuit brought by the residents of the Preservation District has left the County with no other options."
Original source can be found here.
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