Roofing Contractor in Beaufort, SC

By Scott Graber

The Island News

On Wednesday, Oct. 30, the South Carolina Court of Appeals handed down two decisions dealing with the City of Beaufort, developer Dick Stewart (Beaufort Inn LLC); Beaufort landowner Graham Trask (West Street, LLC and Mix Farms, LLC); the Historic Beaufort Foundation and their competing visions for downtown Beaufort.

Stewart had previously gotten approvals from Beaufort’s Historic Review Board for a new hotel on Scott Street; and a parking garage just off Craven Street. Trask and the Historic Beaufort Foundation challenged the Review Board’s approval of Stewart’s plans.

In January 2022, Circuit Judge Bentley Price denied the appeal of West Street, LLC and Mix Farms, LLC and Historic Beaufort Foundation. Thereafter West Street, LLC, Mix Farms, LLC, and HBF moved on to the South Carolina Court of Appeals.

In its one paragraph opinion, the three-judge panel said that it would not disturb the rulings of the Historic Review Board, writing, “When an appellant provides no legal authority regarding a particular argument, the argument is abandoned and the court can decline to address the merits of the issue.

“Short, conclusory statements made without supporting authority are deemed abandoned on appeal and therefore not presented for review.

“The burden is on the appellant to furnish a sufficient record on appeal from which this court can make an intelligent review.”

West Street, LLC and Mix Farms, LLC had also petitioned the Circuit Court for injunctive relief — what is called a declaratory judgment—that would overturn various approvals granted by the City of Beaufort.

When the three-judge panel spoke to the issue of injunctive relief, they affirmed the decision of Circuit Judge Scott Sprouse, who had denied the request, saying a similar challenge had already been decided by the Circuit Court and was pending appeal.

The panel then quoted Corpus Juris, writing: “When an administrative agency is vested with primary jurisdiction of the question at issue, the courts ordinarily will not grant injunctive relief prior to a decision by the agency (and) the availability of any adequate administrative remedy precludes the granting of injunctive relief.”

In terms of this second appeal the panel reiterated that “Short, conclusory statements made without supporting authority are deemed abandoned on appeal and therefore not presented for review.”

Atop the first page of these two opinions is the statement “THIS OPINION HAS NO PRECEDENTIAL VALUE,” — meaning these two decisions can’t be used to bolster or defeat arguments made in future proceedings having the same fact pattern.

But in the current opinions there is no recitation of facts; and there is no narrative linking those facts to relevant case law. There is only the recitation of cases followed by a principle which was, apparently, used by the panel in reaching its decision.

West Street Farms, LLC; Mix Farms, LLC; and HBF can petition the South Carolina Supreme Court for a review of these decisions.

There is an ongoing, parallel civil lawsuit wherein Stewart (303 Associates) is asking for damages, both actual and punitive. That suit is now moving though the discovery phase of its legal life; but it is not clear when that case will go to trial.

In its press release, the City of Beaufort thanked its former lawyer, Bill Harvey, for his help with these two matters and then, in an interesting and unusual departure from previous practice, reported that the City had spent $88,135 on legal fees connected with these two cases.

Normally one does not see or know the costs of litigation. And, in some cases where there is alleged municipal negligence, that cost is covered by insurance paid by the State’s Insurance Reserve Fund.

But releasing these costs is an unusual step in the direction of “transparency.”

The City’s press release also reminded its citizens that “Each court action at both the Circuit Court and Court of Appeals has consistently upheld the City.”

Scott Graber is a lawyer, novelist, veteran columnist and longtime resident of Port Royal. He can be reached at cscottgraber@gmail.com.

Graham Trask, HBF hoping SC Supreme Court will hear case

By Mike McCombs

The Island News

If lawsuits by Graham Trask and the Historic Beaufort Foundation (HBF) are going to reverse the City of Beaufort’s approvals for developer 303 Associates’ hotel and parking garage in downtown Beaufort, it’s going to require a ruling by the S.C. Supreme Court.

The South Carolina Court of Appeals, on Tuesday, Nov. 19, denied requests filed Nov. 14 by Trask (West Street Farms, LLC and Mix Farms, LLC ) and HBF to reconsider its opinions rendered Oct. 30.

Those decisions had 1) 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; and 2) 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.

The court said, in its Nov. 19 denial, “After careful consideration of the petition for rehearing, this court has discovered no material fact or principle of law that has been overlooked or disregarded, and hence, there is no basis for granting a rehearing. Accordingly, the petition for rehearing is denied.”

“The expediency with which the Court of Appeals rendered its decision on these requests for rehearing speaks to the frivolous nature of the challenges made by the plaintiffs,” Beaufort City Manager Scott Marshall said in a news release. “It’s unfortunate that their persistence in challenging properly made decisions has cost the taxpayers nearly $90,000 in legal fees, and the meter is still running.”

By rule, the plaintiffs have 30 days to petition the S.C. Supreme Court for a hearing to appeal the decisions rendered by the S.C. Court of Appeals. The S.C. Supreme Court can choose to hear the matter or reject the petition.

It appears it won’t take nearly that long.

“I’ve already given my lawyer the authority to go to the S.C. Supreme Court,” Trask told The Island News on Friday, Nov. 22. Executive Director Cynthia Jenkins, in a newsletter to HBF members emailed later that day, said she hoped the case would be heard by the state’s highest court, as well.

“They can say ‘yay’ or ‘nay,’” Trask said. “If they say ‘nay,’ I guess we’re done, if they say ‘yay,’ I guess we’ll have our time before the Supreme Court.”

Trask, who has been frustrated by the rulings on appeal, still finds the decisions intriguing.

“The court has said, in order to appeal [the approval of these buildings], you had to approve it at every step – conceptual, preliminary and finding,” Trask said. “As far as we know, there’s no case law that supports that. The Beaufort Code doesn’t say that.

“If this stands up, it’s going to be a wholesale change in the way projects are approved statewide,” he said. “Projects would be appealed at every level. It would be a monumental change to real estate approvals statewide.

“This has become a monumental case if this is upheld by the S.C. Supreme Court.”

Mike McCombs is the editor of The Island News and can be reached at TheIslandNews@gmail.com.

Welcome to Two Days Away, our series featuring weekend-long itineraries within a five-hour drive of your city—because sometimes we all just need a little adventure fix.

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Like a great book that you just can’t put down, some small towns are filled with so much personality that their stories jump off the page. And there’s perhaps no town where local lore and larger-than-life characters are begging to be told than Beaufort, South Carolina.

Once upon a time, Beaufort was the home of a former slave turned American war hero and politician Robert Smalls, who became the first Black captain of a Union war vessel during the Civil War. Harriet Tubman also lived in Beaufort and led the Combahee River Raid, a military operation that saw hundreds of enslaved people rescued. Add in that it’s the birthplace of legendary boxer Joe Frazier and home to Pat Conroy, the beloved author of literary masterpieces The Prince of Tides and The Great Santini. And to top it all off, Beaufort has also made its silver screen debut in films from Forrest Gump to The Big Chill.

Sandwiched between Savannah and Charleston in the South, Beaufort is the second oldest city in South Carolina and its rich history makes that abundantly clear. Officially founded in 1711, it has retained so much of its original character and charm that it’s since earned the nickname “Queen of the Carolina Sea Islands.” It’s a small town with a lot of stories to tell, and from the moment you set foot here, you know you’ve landed someplace special. Soak it all in with these fun things to do in Beaufort, South Carolina.

Travel time

45 minutes from Savannah, Georgia1 hour and 20 minutes from Charleston, South Carolina4 hours and 30 minutes from Atlanta, Georgia

If you only do one thing: Take a self-guided walking tour through history

Head downtown and waste an afternoon wandering past the stately manor homes lining Bay Street. Be sure to stop into some of the local art galleries, restaurants, and shops and get your soda and ice cream fix at Southern Sweets Ice Cream and Sandwich Shop before you mosey on over to one of the swing benches in Waterfront Park. Keep your eyes peeled for dolphins and enjoy the view of the Woods Memorial Bridge, which you might recognize from the penultimate running scene in Forrest Gump. If you want to dig into the local history, there are a few tour operators to choose from, including an excellent Historic Golf Cart Tour and Pat Conroy’s Beaufort By Gold Cart Tour. Conheads should head to the Pat Conroy Literary Center downtown, which hosts writers and events and serves as a touching tribute to Beaufort’s very own literary legend.

Fill the weekend with

One of the best ways to experience Beaufort is by the water, and from a pet-friendly river excursion (for well-behaved dogs) to renting a kayak and exploring the local creeks and lowlying marshes, there’s no shortage of ways to experience the Lowcountry.

Meanwhile on land, the Spanish Moss Trail is a 10-mile pedestrian greenway set along the old train tracks that’s easily one of the best pet-friendly walking trails in town. South Carolina’s most popular state park, Hunting Island State Beach offers five miles of white sand, a historic lighthouse, and plenty of opportunity to hunt for shark teeth that have a tendency to wash ashore here. Best of all, the beach and campgrounds here are pet-friendly. Make your way to South Beach, otherwise known as “the boneyard” where you’ll find fewer people and plenty of pine trees and tide pools for you and your pet to frolic in. On your way to or from this beguiling beach, Beedos Burgers serves the best fried chicken sandos and soft serve, along with an outdoor patio to park you and your pups as you eat.

Beaufort may not have a traditional movie theater, but Highway 21 Drive In is not only pet-friendly but a trip down memory lane that is well worth a visit when you’re in town. Over in Port Royal, Shellring is Beaufort’s go-to pet-friendly brewery. In addition to the rotating menu of delicious food via their on-site food truck and always changing array of craft beer, it has some killer views and a lineup of live music and entertainment that ranges from trivia nights and goat yoga.

Where to eat and drink in Beaufort

For your caffeine fix: Herban Market offers freshly baked pastries, excellent vegan options, and an out-of-this-world avocado brownie, all of which you can enjoy on this spot’s pet-friendly patio. Lowcountry Cider Co. & Superior Coffee, which recently added a location downtown, is a great spot to grab a coffee and pick up some cute Southern souvenirs.

For lowcountry fare: For a small town, Beaufort has a number of seriously great eats you can only find here. You can’t miss the green fried tomatoes at Lowcountry Produce. For some tried and true southern fare, Panini's on the Waterfront offers river deck tables and a dedicated doggie menu, plus great po boys and shrimp and grits for the humans. Over on Lady’s Island, Locals Raw Bar is an excellent spot serving up the freshest seafood in town. If you’re around on the first Sunday of the month, don’t want to miss this spot’s lowcountry boil.

For imbibing: Come dinnertime, Old Bull Tavern is beloved by Beaufortonians (this local writer included). But beyond the solid menu and stellar vibes, it’s also known for serving up the best painkiller in all the land. Grab a spot on the patio on cooler nights and don’t leave without ordering the butterscotch pudding for dessert. If you’re looking for some live music and a solid dive, you’ll find it at The Fillin’ Station. Post up with a bucket of beer on the back porch overlooking the marsh and enjoy the views.

Where to stay

For a charming room: A historic mansion in downtown Beaufort, Cuthbert House is a swoon-worthy 18th-century mansion dripping in Lowcountry charm at every turn. Inside this bayside beauty, you’ll find spacious pet-friendly suites and guest rooms, along with one of Beaufort’s most convivial spots to sip sweet tea and enjoy complimentary wine and hors d'oeuvres. On breezy nights, do as the locals do, enjoy a glass of wine or whiskey on the porch, and watch the swaying moss and boats in the bay pass you by.

To find luxury for pets and people: Set along the May River as the crow flies from Beaufort, Montage Palmetto Bluff is spread across 20,000 acres and offers a mix of pet-friendly inn rooms, cottages, guest houses, and suites. The hotel is also home to a Canine Ambassador program, most recently including Finch the Golden Retriever and Bodie the Miniature Sheepadoodle, both of whom can be found roaming this expansive property. Best of all, furry members of the family are treated to custom-baked treats and a pet cuisine menu that includes homemade biscuits and fresh beef, rice, and vegetables when they come to stay.

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Michelle Gross is a travel writer and Beaufort, South Carolina resident by way of New York City. You can read all about her southern escapades in her monthly newsletter The Beau Yorker.

With December in full swing and the Christmas holiday right around the corner, Beaufort County is getting ready to celebrate! No place does Christmas quite like Beaufort, from colorful lights to Christmas trees and even Santa himself, there are tons of holiday activities and experiences for you and your family to get into the spirit of the season.

No matter if you’re a local or visiting for the holidays, there’s no better place to get into the Christmas spirit.

Here are some of the top fun and festive activities for you and the whole family to enjoy this holiday season;

Make sure you’ve got your Christmas wish lists ready because Santa will be in town at The Beaufort Candy Shoppe, 103 West St. Ext. Visit on December 6 (6-8 p.m.) during the first Friday tree lighting or on December 7 from 9 a.m. to 5 p.m.

This Friday, December 6, Shelter Cove Community Park is hosting its annual Winter Wonderland Festival from 4-7 p.m., 39 Shelter Cove Lane. With free admission, this event has activities ranging from bouncy houses, carnival games, a children’s parade, food and much more. They even have an exciting Golden Candy Cane Hunt, perfect for kids and adults who want to indulge in the holiday magic.

Watch the lights of downtown Beaufort spark to life during Night on the Town this Friday, December 6. Enjoy the festive atmosphere while shops stay open late offering special sales, 6-9 p.m.

Check off all of your Christmas shopping and gift-giving this Saturday, December 7, during the Holiday Market of Beaufort from 9 a.m. to 4:00 p.m., 240 Sams Point Rd. This event is free and perfect for all ages, with food trucks on-site to help kick off the holiday festivities.

With a Lowcountry spin on a parade, watch the annual “Light Up the Night” Christmas Boat Parade on Saturday, December 7, starting at 6 p.m. at the Beaufort Waterfront Park, 802 Bay Street.

To keep the parade festivities going, grab the whole family to watch festive floats, marching bands and Santa in the annual Beaufort Christmas Parade on Sunday, December 8. Starting at 3 p.m., the parade will travel from Boundary to Carteret to Bay Street.

Enjoy festive lights, a Christmas tree, and a relaxing stroll through Sea Pines Resort this season with the Harbour Town Lights, 32 Greenwood Dr. They even offer Sandy Sledding tournaments where you can build your own sled. Sledding is from 1-2:15 p.m. and costs $50 per team.

With lots to celebrate this holiday season, Beaufort is making sure you and your family can find magical ways to remember this holiday season. Whether it’s a stroll through festive lights, catching a parade, or finding the perfect gift at the Holiday Market, there’s something for everyone to enjoy.

For more information about events and activities, visit the Beaufort Holiday Events page.