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Court allows fireworks sales

Posted: September 10, 2012 - 10:01pm  |  Updated: September 10, 2012 - 10:11pm

 

COLUMBIA — A businessman who sought permission from North Augusta zoning officials to sell fireworks at his Halloween store has prevailed in the South Carolina Court of Appeals.

The three-judge panel reversed a Circuit Court’s decision that had backed up the city’s earlier denial of Rodney Wyndham’s request for a special exception to sell fireworks.

“We’re happy and excited,” he said Sept. 5. “Right now, we’re in the middle of Halloween season and we’re open for business.”

Wyndham told officials he planned to operate the Halloween Express store for about 12 weeks out of the year and a fireworks retail store from Memorial Day to Labor Day.

During a zoning board hearing in November 2009, residents pushed back.

Fourteen community members testified that the fireworks sales would increase traffic and diminish their property values. Residents also feared that having several area fireworks retailers would hurt the community’s image.

The North Augusta Board of Zoning Appeals heeded the residents complaints and unanimously voted to deny the businessman’s request.

Wyndham appealed to the Aiken County Circuit Court, but that court affirmed the zoning board’s decision. In a decision posted Sept. 5, the state Court of Appeals reversed the Circuit Court and criticized the local officials’ actions.

“We find the (zoning board’s) decision to give deference to residential neighborhoods outside the commercial zoning district in which the business would be located was arbitrary and capricious,” the decision read.

What’s more, the court said, the zoning board’s decision “was not supported by competent, substantial, and material evidence, and was based on opinion.”

Residents also failed to make a solid case against Wyndham’s plans, the court said.

City Administrator Todd Glover said officials are reviewing the court’s decision.

“City council will not be making any decisions on any possible further action until it confers with its legal team,” he said.

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