10-26-2016 - Opinions
5447 - Rent-A-Center v. SCDOR
Rent-A-Center West Inc. appeals the administrative law court's (ALC) finding the standard statutory apportionment formula did not fairly represent its business activities in South Carolina and the Department of Revenue's (the DOR) alternative apportionment method for calculating its income tax was reasonable. It also maintains the ALC erred in finding it was not a unitary business. It further asserts the ALC erred by concluding the DOR did not violate its constitutional rights. We reverse.
5448 - Kranchick v. State
The State appeals the PCR court's order granting Respondent Kranchick's application for PCR. The State argues the PCR court erred in determining that Kranchick's trial counsel provided ineffective assistance in failing to object to the State's forensic toxicologist's testimony as to the effects of the marijuana, antihistamines, and cough suppressant found in Kranchick's blood after the accident. We reverse.
5449 - Bruning v. SCDHEC
Ken Bruning and other homeowners in the Rookery subdivision of Cat Island (collectively, Appellants) in Beaufort County challenged the issuance of a National Pollutant Discharge Elimination System (NPDES) permit to Cat Island POA regarding stormwater management for Garfield Park, Phase 3, another subdivision on Cat Island. Appellants appeal the Administrative Law Court's (ALC's) order affirming the issuance of the permit raising numerous grounds. We reverse in part based on the misinterpretation of a provision of the Coastal Zone Management Program (CMP). We affirm other issues based on substantial evidence in the record, and we decline to address certain issues as they are no longer relevant in light of the disposition of other issues.
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