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SC S0892
Bill
Status
2/4/2026
Primary Sponsor
Russell Ott
Click for details
AI Summary
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Allows courts to award attorney's fees and costs to property owners/applicants who successfully defend approved zoning decisions (from planning commissions, boards of zoning appeals, or architectural review boards) when appeals are dismissed or decisions are upheld
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Creates a presumption that applicants/property owners are entitled to recover fees from appellants when they prevail in defending their approved applications
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Excludes special exception decisions from fee recovery eligibility
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Caps recoverable fees at the actual amount contracted to pay counsel, limited to reasonable time at a reasonable rate
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Establishes five factors for determining reasonable attorney's fees: case difficulty, time devoted, counsel's professional standing, beneficial results obtained, and customary fees for similar services
Legislative Description
Civil Appeal Bonds
Last Action
Referred to Committee on Judiciary
2/4/2026