Every year, homeowners around the country suffer billions of dollars in property damage caused by termites. South Carolina residents are no different. Here in The Palmetto State, termites are especially active due to our ideal climate. Everyone loves our springs and summers, and so do termites. They're known to wreak havoc on the structural integrity of homes in the Lowcountry and throughout the state. It may be surprising to hear, then, that many of the homes we're referencing had termite bonds - which is essentially a contract between a homeowner and their termite prevention company. This bond holds the company accountable if termites or damage are found after treatment. Unfortunately, many termite control services and insurance companies try to escape responsibility, using complicated contracts, terms, and language as a shield from honoring the bond.
Other times, before buying a home, a homeowner relies on a "trustworthy" home inspector to identify costly issues and areas of improvement. In situations like these, the home inspector's knowledge and guidance are paramount to safety. In many cases, however, home inspectors fail to detect significant issues like signs of a termite infestation.
In both scenarios above, the homeowner may be entitled to compensation. With an experienced termite lawyer in Folly Beach, SC, the average person has a chance of winning in a court of law. That's where Cobb Hammett, LLC, comes into play.
With a comprehensive understanding and knowledge of termite control and home inspection contracts, Cobb Hammett law firm specializes in cases involving termites. We're proud to represent home and property owners who are harmed by pest control and home inspection negligence. We believe that when you sign a contract with one of these entities, the terms of the contract should be upheld. When they're not, somebody must be held responsible.
Instead of trying to take on these companies without a lawyer and wasting hundreds of hours to untangle a web of legalese, let Cobb Hammett, LLC handle the hard work on your behalf.
When you choose Cobb Hammett for a termite damage attorney in Folly Beach, SC, you can rest easy knowing you're in confident, capable hands. Clients trust our law firm for termite damage cases because we have:
Unlike some termite damage law firms, our lawyers study the practices and policies of large termite control and home inspection companies. We use creative strategies to avoid unfair arbitration clauses and have devoted real resources to solving our client's claims.
Simply put, you can trust our termite damage attorneys with your case because we genuinely care about you as our client.
Whether you're a homeowner, commercial property owner, or a homeowner's association, know that you're not alone. If termites are causing damage to your property, don't let giant pest control chains or home inspection franchises take advantage of you. The cost of repairs should fall where it should - on the shoulders of the home inspection company, pest control company, or their insurers.
In a perfect world, customers would be able to rely on results provided by pest control companies. Unfortunately, many termite companies intentionally mislead their hardworking clients.
Termite control companies of all sizes have convincing strategies for skirting responsibility when their work is shoddy. They know how to utilize legal jargon, intimidation and confusing contracts to their advantage, deterring ordinary people from filing lawsuits.
At Cobb Hammett, LLC, we're very aware of these tactics and excuses. Our attorneys overcome these defenses with effective tools, exposing the termite control company's failure to deliver on promised services. Unlike some law firms, our termite damage lawyers have an solid track record.
We're not afraid to get our hands dirty when it comes to holding termite companies accountable for damages you suffered. We'll do everything in our power to do what's right and get you the compensation you deserve.
Though every case is different, we're often able to recover substantial damages for our clients, such as:
If you feel like your termite company breached its bond or committed fraud, contact Cobb Hammett Law Firm today. Your termite damage attorney in Folly Beach, SC, is ready to hear your story. We know how to maneuver around unfair pest control contract terms and have the experience needed to see through common excuses and tactics.
It's not always easy to spot the signs of termite damage, especially if you're an average person without much knowledge of the termite species. Plus, termites often wreak havoc in unseen areas like drywall, siding, and the framing of your house, so seeing damage isn't always easy. Despite those challenges, there are some common signs and areas for you to consider.
Some common signs of termite damage include:
Some of the most common areas where termites do damage include:
If you find termite damage in your home, it's best not to try and fix it yourself. Why? First, repairing damage from termites is a complicated, painstaking endeavor that requires a skilled, tedious approach. Spotting termite damage and knowing how to fix it requires a deep knowledge of how termites behave and live to get rid of them. Second, and perhaps most importantly, taking a DIY approach to termite damage may ruin your termite lawsuit.
That's true even if you have the skills and experience to do so. You might inadvertently destroy important evidence that is key to your case, which may ruin your chances of compensation for damages and poor work. Instead of trying to repair damage on your own, get a second opinion from a trusted inspector. Once your concerns are verified, it's time to call Cobb Hammett Law Firm. Our experienced termite damage attorneys will dig into your case and discover if you're one of the thousands of people with grounds for filing a termite lawsuit.
We get this question often at Cobb Hammett Law Firm, though the answer is sometimes unclear. What we do know is that if you're looking for the max amount of compensation, we'll need to discover who was at fault. In some cases, it's easy to determine fault. For example, if you're a new homeowner, and a termite inspector or seller didn't inform you of an infestation, you may have grounds to sue.
However, things get more complex if you rent a home or bought a residence many years ago and have been using a pest control company for termite infestation. You could have grounds for a case against the pest control company, your landlord, or a different third party, depending on the circumstances of your case. That's why working with a termite attorney in Folly Beach, SC is so important - so they can investigate the details and damages associated with your infestation and determine who is accountable.
If you have trusted your home with a pest control company and encounter a termite issue, you might not get the help you expect, even if your claim is legitimate. With years of experience fighting big pest control companies and their insurers, we've heard just about every excuse in the book. If you're dealing with a termite problem, be wary if you hear any of the following excuses.
However, things get more complex if you rent a home or bought a residence many years ago and have been using a pest control company for termite infestation. You could have grounds for a case against the pest control company, your landlord, or a different third party, depending on the circumstances of your case. That's why working with a termite attorney in Folly Beach, SC is so important - so they can investigate the details and damages associated with your infestation and determine who is accountable.
If you're thinking about buying a new home, hiring a home inspector to spot maintenance and repair issues is a wise idea. But what happens when you spend your hard-earned money on an inaccurate inspection report? What if the report fails to notify you of termite damage or the potential for a termite infestation? In many cases, erroneous inspection reports lead to nasty surprises once you're moved in. When it comes to missed or unreported termite infestations or damage, negligence often falls on the home inspector's shoulders.
If you find yourself in a similar situation, it's crucial that you contact a termite attorney in Folly Beach, SC. At Cobb Hammett Law Firm, our termite lawyers have years of experience bringing claims and filing lawsuits on behalf of clients suffering at the hands of negligent or dishonest home inspectors. From compensation for emotional distress to repairs for termite damage, our firm can help right the wrong you had no say in receiving.
If your home inspector did not uphold their duties and obligations to you as the home buyer, you could most certainly sue a home inspector.
Unless your termite infestation was new when your home was inspected, it would be hard for a home inspector to miss it. If you just bought a house and you have discovered damage or signs of a termite infestation, contact Cobb Hammett today. Our team of termite damage attorneys may be able to prove that your inspector failed at spotting and reporting termite issues in your new home.
However, proving negligence is easier said than done without a lawyer by your side. Termite inspectors aren't always expected to find every bit of termite damage, and they're often not the final say in whether your home is damage-free. That's why, with Cobb Hammett Law Firm as your advocate, we'll ask the hard-hitting questions needed to discover if your inspector missed termite damage for legitimate reasons or if they were careless and negligent. We'll help facilitate a second inspection if needed and will work tirelessly to earn you the compensation you deserve.
You should know that even if your home inspector is legally negligent for missing termite damage or infestations, their liability will often be limited due to the language in their contract.
If your lawsuit doesn't have the proper foundation to prove negligence, your termite damage lawyer in Folly Beach, SC may be able to win compensation via breach of contract. In many circumstances, this is the best route to take if it's easier to prove that an inspector violated a contract. For example, suppose the home inspection contract you signed called for a whole-home inspection, and the inspector failed to survey your crawlspace or attic. In that case, you may have a viable claim in court.
At Cobb Hammett Law Firm, we understand that every termite damage case situation is different. As such, we approach every case with a nuanced, multi-faceted strategy crafted with your best interests in mind.
When a termite prevention company or home inspector is negligent and causes damage to your home, it's time to act fast. You need a trustworthy termite attorney in cityname, state by your side to take the proper steps toward getting compensation.
When you depend on Cobb Hammett, LLC, you'll receive personalized attention and proactive representation. That's because we make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on our individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship.
We value compassion and integrity, and our practice reflects those values. If you're ready to take a stand, call our office today. Our termite damage lawyers will help create a better future for you, your family, or your business.
Law is complicated matter. It can cause you a big problem if you ignore it. Let us help you!
FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County...
FOLLY BEACH — This island community elected a new face to city council on Feb. 17 — one that looks familiar.
Folly Beach chose D.J. Rich to serve on city council, unofficial election night results show. Rich has previously served on council for a combined 14 years.
Rich secured 58 percent of votes cast on Feb. 17. John McFarland trailed behind, earning 41.6 percent of votes cast, unofficial results show.
Rich’s victory marked the end of a long-lasting election cycle for Folly Beach, where Charleston County’s Board of Voter Registrations and Elections has hosted three elections on the island since last November.
Chris Bizzell was elected as mayor in a runoff election in November which left a vacant spot on council, triggering a special election to fill the seat.
In the days leading up to the election, Rich encouraged Folly Beach voters to turn out to the polls on Tuesday. In a message shared to Facebook on Feb. 16, he wrote that he ran for city council once more to “help our new administration move Folly forward responsibly.”
“I’m not a one trick pony,” Rich wrote. “I have full experience after 14 years on council and 4 as mayor pro-tem helping navigate us through a full range of issues.”
Rich ran unsuccessfully for mayor of Folly Beach last fall. He earned the third-most votes on Nov. 4, trailing behind candidates Elton Culpepper and Bizzell, failing to make the runoff. Bizzell was sworn in as mayor on Nov. 21, 2025.
But this time, Rich found success.
McFarland, a long-time property owner on the island, moved to Folly Beach full-time in 2025. Shortly after, he filed to run for city council, but fell short of winning a seat. The founder of Save Folly’s Future could often be found stumping outside the community’s sole post office on East Indian Avenue.
Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Bea...
Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Beaufort is remarkable and magical in its own right. Plus, it doesn’t draw the same crowds that tend to flock to notable Holy City hangouts like King Street, Folly Beach, and the Battery.
Before you read any further, though, you need to know how to properly pronounce the name. Not to be confused with Beaufort, North Carolina (said like “bow-fert”), the coastal town has a pronunciation more akin to “bew-fert.” Mistaking the two will immediately identify you as a tourist—and it won’t sit too well with the locals. Once you have that squared away, you can start planning your trip to Beaufort, the second-oldest city in South Carolina.
In 1969, Beaufort became one of the few U.S. cities with an entire downtown designated as a historic district by the National Trust for Historic Preservation, so exploring the neighborhoods filled with Victorian, Greek Revival, Neoclassical, and Federal-style homes is at the top of most travelers’ lists. At Henry C. Chambers Waterfront Park, you’ll spot Woods Memorial Bridge, recognizable from the aforementioned Tom Hanks blockbuster. Stretching your legs is also encouraged along the Spanish Moss Trail, a 10.2-mile greenway that weaves by Beaufort’s marshes and through trees draped in Spanish moss. Given its waterfront location, Beaufort should also be experienced by boat; book a Dolphin & History Boat Cruise with Coastal Expeditions or an ecology tour with Beaufort Kayak Tours. Paddleboarding is another option, with rental equipment available through Higher Ground Outfitters.
Beaufort’s ties to the literary world are strong; visiting the Pat Conroy Literary Center (this was Conroy’s adopted hometown) or one of the three independent bookstores in town—NeverMore Books, McIntosh Book Shoppe, or Beaufort Books—is a must for book lovers. For those interested in local art, there's the Rhett Gallery, Thibault Gallery, or Atelier Off Bay.
Many of the best things to do in Beaufort are found outside downtown. About 17 miles east is Hunting Island State Park, with its pristine beaches, marshes, maritime forest, and saltwater lagoon. It's also home to the Hunting Island Lighthouse, which was destroyed during the Civil War and rebuilt in 1875. St. Helena Island (a 15-minute drive away) is home to the Penn Center—one of the United States’ first schools for formerly enslaved individuals—as well as the family-owned Dempsey Farms, where you can pick in-season fruits and vegetables. Local produce can also be acquired on Saturdays at the nearby Port Royal Farmers Market.
Enhance your visit to Beaufort with a stay in one of the town’s upscale inns. Slow Southern mornings paired with a home-cooked breakfast can be enjoyed on the expansive wooden porch at The Rhett House Inn. Guests can also book the more modern Rhett House Inn Cottages, which sit across the street from the main building. Once a Union Army hospital, Anchorage 1770 overlooks the Beaufort River and offers a fine dining experience at The Ribaut Social Club. The Beaufort Inn first opened its doors in 1897, and the property’s modern-day chapter features several fully renovated buildings within the town’s historic district.
As with most Southern cities and towns, food is a major part of the local culture. If you’re a traveler who plans their vacations around meals, you’ll want to start your day at Blackstone’s Cafe or Herban Market and Cafe. For a quick lunch while exploring Beaufort, stop by Lowcountry Produce Market & Cafe to get a fried chicken sandwich or po’boy. Chapman’s Grocer also has grab-and-go treats, wine, and craft beer. Old Bull Tavern is a lively gastropub open only for dinner, Saltus River Grill is great for indulging in seafood, and those craving Italian should dine at Griffin Market. On St. Helena Island, The Gullah Grub Restaurant is one of the area’s most famous eateries (it appeared on Anthony Bourdain: No Reservations); order the shrimp gumbo.
When considering the best time to visit South Carolina, there are a few things to keep in mind. Summers here are hot and humid—there’s no getting around that. To explore Beaufort in the most comfortable climate, your best bet is to go in either early spring or late fall. April and October are ideal—you'll find plenty to do (winter is far from bustling) while simultaneously avoiding the sweltering weather that's synonymous with the South.
Hilton Head Island Airport (HHH) and Savannah/Hilton Head International Airport (SAV) are both about an hour's drive away. You’ll need to rent a car to fully experience Beaufort and its surrounding area. Charleston International Airport (CHS) is also an option, although it’ll take about 90 minutes to drive to Beaufort.
South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridg...
South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridge and Torii gate, as well as the historic Newberry Opera House downtown. There is plenty of history and natural beauty waiting to be discovered across the state, and the eight towns below show just how rewarding a long weekend in South Carolina can be.
Edisto Island is quiet and largely uninhabited, making it the perfect destination for those wanting to disconnect and unwind. The island's highlight is Edisto Beach State Park, featuring a maritime forest with palmetto trees and rich salt marshes. One of the park's most popular trails, the Spanish Mount Trail, is a 1.7-mile path leading to a 4,000-year-old shell midden that has gradually eroded over time. For those who want to stay immersed in the island’s natural beauty, Edisto Beach State Park also offers rustic cabins tucked among the palmettos and live oaks. The cozy, no-frills cabins sit just steps from the shoreline, allowing visitors to wake up to ocean breezes, spend the day exploring the park’s trails and beaches, and end the evening listening to the sound of waves under a sky full of stars.
Just a short 25-minute drive from Charleston, Folly Beach is a lovely escape with a population of just over 2,000. Stroll along the historic Folly Pier, built in the 1930s, and take in the breathtaking ocean views. Folly Beach County Park is perfect for those looking to swim, sunbathe, or walk along the shore, with lifeguards present during the summer months.
For a taste of fresh, home-cooked seafood, visit Coconut Joe's, conveniently located just a block from the beach. The town also offers a variety of charming inns and hotels, including the Regatta Inn, which features a waterfront view, a sunset terrace, and complimentary golf cart shuttles for added convenience.
Bluffton offers a waterside escape of its own, centered around the scenic May River rather than the Atlantic. Here, visitors can enjoy numerous recreational activities along the river, including dolphin tours, fishing charters, kayaking, and paddleboarding. The town also highlights local artisans and vendors through markets like the Lowcountry Made Artisan Market, an open-air venue showcasing handmade goods, and the Bluffton Farmer’s Market, where you can find fresh produce, spices, barbecue, and honey. If you're searching for a true Southern-style place to stay, consider May River Manor, which boasts 5.5 acres of lush greenery, a pool, and an outdoor patio for a relaxing getaway.
The town of Beaufort sits on Port Royal Island, surrounded by marshy estuaries and shaded by streets lined with live oak trees. The area is home to over 100 bird species, and the nearby Cypress Wetlands, just a ten-minute drive away, are an excellent spot for exploring the wetland ecosystem. Here, you can see diverse wildlife, including minks, river otters, marsh rabbits, and alligators. Beaufort's downtown area is filled with charming local shops, with highlights such as Beaufort River Glass, Monkey’s Uncle toy shop, and the Oyster Cay Collection antiques store. For a picturesque and historic stay, Anchorage 1770 is a heritage boutique inn on the waterfront.
Heading over to the western side of South Carolina, Aiken is renowned for its rich equestrian heritage, while also embodying the best of Southern charm and hospitality. Visitors can tour and meet the horses at Aiken Equine Rescue, the southeastern US’s largest equine rescue center. Those interested in racing can visit the Aiken Thoroughbred Racing Hall of Fame and Museum, which has a large collection of photographs and trophies from some of the country’s best equestrian riders.
The nature around Aiken is priceless as well. The Aiken Arboretum Trail in town, for example, features one of the country’s most diverse tree collections within a municipal landscape. Regarding a unique lodging option in town, The Carriage House Inn, dating back to 1872, is located in Aiken’s historic downtown district and provides a delicious complimentary breakfast and chocolate chip cookies to its guests.
Visitors cannot go wrong with a weekend trip away in Newberry. Its downtown historic district is a particular highlight, with landmarks like the Newberry Opera House and the Newberry Museum offering important insights into the town’s history. The Wells Japanese Garden is also on the National Registry of Historic Places, featuring a temple, moon bridge, Torri gate, and tea room.
Wine lovers will find plenty to enjoy in Newberry, with Enoree River Vineyards & Winery offering the perfect spot to spend an afternoon, surrounded by scenic views of the vineyard. For a quaint stay, the historic, family-run Newberry Manor, located just a block away from the Wells Japanese Garden, is a great option.
Sullivan’s Island is a relaxed, two-and-a-half-mile-long island home to a little over 2,000 residents, making for a quiet escape. After a leisurely morning stroll along its 2.5-mile shoreline, visitors can enjoy lunch at one of the town's coastal cuisine spots, like Sullivan’s Fish Camp. The town also has an involved artist presence, with visitors able to appreciate local art at galleries such as Sandpiper Gallery and Adele’s Pottery.
One of the island’s iconic landmarks is Fort Moultrie, the site of a pivotal nine-hour battle with the British during the Revolutionary War in 1776. The Palms Oceanfront Hotel is one of the nearest and most recommended lodging options, including spectacular views of the ocean, a newly renovated pool deck, and stylish, modern rooms.
If you're interested in South Carolina's history and culture, Pendleton is a must. The town boasts more than 50 historic buildings from the 18th and 19th centuries, numerous art galleries featuring works from local artists, and a vibrant bluegrass music scene. Notable historic sites include Timms Mill, a gristmill originally built along the Six and Twenty Creek in 1784 and relocated in 1898, as well as St. Paul’s Episcopal Church, established in 1822 and still featuring a Jardine pipe organ that has been playing for over 170 years.
To dive into the bluegrass scene, head to Breazeale’s Grocery Bluegrass on the weekends, where you can enjoy jam sessions and occasionally catch performances by nationally recognized artists. For lodging, Liberty Hall Bed & Breakfast, a beautifully restored home built in 1849, offers a charming accommodation option.
Whether you are a native-born South Carolinian or hail from another state, each of these towns offers unique and diverse attractions that will appeal to every member of the family. With everything from fresh seafood to art galleries and bird tours, these towns offer a wide variety of experiences that defy simple categorization. So get out your calendar, mark your dates, and start planning your next adventure in one of these amazing towns.
FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, r...
FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.
City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.
The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, ruling the policy regulates business licenses rather than zoning. That distinction was central to the legal challenge.
Mayor Chris Bizzell said the ruling reinforces the city’s approach to managing growth while protecting the community.
“The tourism numbers are basically the same,” Bizzell said. “What I have seen is we have a lot of people moving in that are now long-term residents, as opposed to looking at the community as an investment, which is great to have new families moving onto the island.”
The cap was created amid concerns that a growing number of homes were being used as vacation rentals instead of primary residences. At one point, nearly half of the homes on the island were operating as short-term rentals.
City leaders say the goal was to place guardrails around that growth and preserve Folly Beach’s residential character while still allowing tourism.
Bizzell said from the city’s perspective, the policy has not hurt the overall economy.
“Our hospitality tax numbers and our accommodations taxes are at or above historic levels,” he said.
Still, some local business owners say they are concerned about how limiting vacation rentals could affect spending on the island.
Perry Freeman, president of Perry Hospitality, said visitors staying in short-term rentals often spend several days dining, shopping, and supporting local businesses.
“It’s not necessarily just a cap on the rentals — it’s a cap on tourists,” Freeman said, explaining that visitors staying on the island typically spend money every day during their trip.
Freeman said he believes there are fewer people staying on the island compared to previous years, something he says businesses are starting to feel.
“You see less people out there’s definitely been an impact on our business,” he said.
While the court decision keeps the cap in place for now, the legal fight may not be over.
The property owners who filed the lawsuit say they may ask the court for a rehearing and could ultimately try to take the case to the South Carolina Supreme Court.
Meanwhile, city leaders say they plan to continue reviewing the policy as part of long-term strategic planning to ensure it maintains the balance between tourism and residents that voters supported.
FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.The landlord and real estate development company, owned by ...
FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.
Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.
The landlord and real estate development company, owned by Folly Beach residents Richard D. Brendel and Michael J. Riffert, argued that the new limit changed the zoning of properties by not allowing owners to rent them.
The city has long maintained the referendum, which was written by a citizen and voted into law by 53 percent of island residents in 2023, was a business license change, not a zoning one. The S.C. Supreme Court previously ruled that zoning provisions cannot be enacted by the referendum process.
The lawsuit stemmed from the plaintiffs’ inability to rent one property in particular. Prior to the moratorium the city permitted them to build a house they intended to operate as an income-producing short-term rental. Because of pandemic-related delays, construction took longer than expected and the owners missed their window to get a short-term license before the cap was enacted.
The plaintiffs argued the cap took away their vested rights, which by state law protects a property owner from changes in zoning ordinances for two years and would have grandfathered in their ability to rent the property.
A Charleston County court disagreed. In an April 2024 ruling, Circuit Judge Paul Burch affirmed the referendum is not a zoning ordinance. As such, it does not infringe on property rights because it is a modification of business licenses.
A business license is not a vested right, the judge said.
The following month, Folly East Indian Co. filed an appeal with the S.C. Court of Appeals, which on Feb. 18 sided with the lower court.
The court’s unpublished opinion, which means it has no precedential value, said the ordinance “at issue only amended City’s business regulations to impose a cap on the number of issued short-term rental business licenses” and that it “did not amend City’s zoning ordinance, did not rezone any properties … and did not determine where any specific activities may occur.”
Island wide, rentals are still legal in every district and every residential unit is allowed to become a rental. The referendum solely regulates how many can get a business license to operate as such.
The plaintiffs argued the cap deprives them of the “economically viable use” of their property, “infringes upon its vested rights, and will interfere with Plaintiff’s reasonable, investment-backed expectations.”
Since the referendum was enacted limiting the coveted permits, homeowners who bought properties to rent short-term for income or as a way to pay for a beach home are now unable to do that. There’s no revenue to supplement mortgages, some involving multi-million-dollar purchases with high interest rates. Many have struggled to sell off their homes since.
The 800-unit cap applies exclusively to second homes, not primary residences. At the time of the vote, there were 1,125 rental properties on Folly Beach, which accounted for 43 percent of its housing stock. About 200 entries remain on the waiting list and, as of October, no one has made it off the waitlist.
Bijan Ghom with Saxton & Stump, who represented the plaintiffs, told The Post and Courier the opinion didn’t offer much analysis or directly address “several legal arguments” made on behalf of the plaintiffs.
“Since the Court did not select this matter for oral argument, it is even more difficult to read between the tea leaves, so to speak,” he said. “In any event, my client intends to file a petition for rehearing this week. If that is denied, we plan to petition the Supreme Court for review.”
Ghom noted there is another case at the trial level that also challenges the short-term cap from another legal argument.
“So, all in all, we are still hopeful we will prevail,” he said.
The city had no additional comment.
Mayor Chris Bizzell previously told The Post and Courier fine-tuning the referendum is part of the city’s 2026 strategic plan.
“I think the biggest thing that's happening is a couple of people have asked us to maybe look at the different proposals that were in the initial short-term rental language that was proposed by (previous) Mayor (Tim) Goodwin, and then go back through that, discuss why or why not we adopted some of those provisions,” Bizzell said.