Lambert v. Aiken County Planning Commission, Op. No. 6165 (S.C. Ct. App. filed Sept. 23, 2026) (Davis Adv. Sh. No. 36 at 34)
The South Carolina Court of Appeals reversed the circuit court’s order affirming the Aiken County Planning Commission’s (“Planning Commission”) approval of an application to construct a cell tower and remanded the matter back to the Planning Commission. Although the statutes governing planning commissions do not specifically require that their findings and conclusions be in writing in the same manner as statutes addressing zoning board appeals, the applicable statutes do require that a planning commission keep a record of its resolutions, findings and determinations, which record must be a public record. Without sufficient evidence of the Planning Commission’s deliberations, findings, and conclusions (in the minutes, transcript or otherwise) the Court of Appeals could not properly find that the Planning Commission’s decision was supported by evidence. Neither the meeting minutes nor the truncated transcript provided any evidence that the Planning Commission considered the permit application in accordance with county policy – the governing ordinance.
https://www.sccourts.org/media/opinions/advSheets/no362026.pdf
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Posted by: Byron King on 9/25/26 (This information is only accurate as of 9/25/26. You must contact SCR for updates and changes to this information after 9/25/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org
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