McMaster v. Columbia Board of Zoning Appeals, 395 S.C. 499

Summary

The Supreme Court of South Carolina considered whether Columbia's zoning ordinance, which limited occupancy of a single dwelling unit to no more than three unrelated persons, violated the Due Process Clause of the South Carolina Constitution. The court held that the ordinance was rationally related to legitimate governmental interests, including controlling mass student congestion, and affirmed the lower court's judgment.

Holdings

1. The ordinance does not violate the Due Process Clause of the South Carolina Constitution because it bears a rational relationship to legitimate governmental interests.
2. The court declined to address hypothetical applications involving household arrangements not presented by the appellants, because a person to whom an ordinance may constitutionally be applied may not challenge it based on possible unconstitutional applications to others.
3. The equal protection and privacy challenges were not preserved for appellate review because the circuit court did not specifically rule on them and the appellants did not move under Rule 59(e), SCRCP, to obtain a ruling.

Questions Presented

1. Whether Columbia's zoning ordinance, which defines a single housekeeping unit as no more than three unrelated persons, violates the Due Process Clause of the South Carolina Constitution.
2. Whether the ordinance bears a rational relationship to legitimate governmental interests in controlling the effects of student congestion and preserving residential neighborhood conditions.
3. Whether the appellants' equal protection and privacy challenges were preserved for appellate review.

Disposition

affirmed