and at that time, the Development and the Golf Course Property were subject to thezoning requirements of the Dunes West Planned Development ("DWPD"), whichpermits flexible land use at the developer's discretion.
According to Weiland, at the time Appellant acquired the Golf Course Property, hebelieved the golf course was an important amenity for the Development
and thatthere was unused land located on and around the golf course that had potential forresidential development. It is this potentially developable land on the Golf CourseProperty that is at the center of this case.Weiland initially identified these developable portions of the Golf Course Propertyby instructing an employee to walk the property and make note of any undevelopedareas outside the out-of-bounds markers on the golf course.
This informalsold to a separate owner. Since initial construction in the early 1990s, the Golf Course Property has been used continuously for golf purposes with few, if any,changes.
The DWPD is a site-specific development plan allowing considerable flexibilityregarding land use. Essentially, the DWPD master land-use plan provides formixed uses throughout the Development and sets forth amounts of land assignedfor particular uses but in no particular locations. Accordingly, the location of aparticular use is determined at the developer's discretion and may be changed orshifted, essentially without Town oversight so long as minor developmentstandards, such as setback requirements, are met and the overall density of the4,518-acre development does not increase. For a detailed discussion regarding thecharacteristics of planned development districts in general,
see Sinkler v. County of Charleston
, 387 S.C. 67, 690 S.E.2d 777 (2010).
Weiland also believed the golf course was an important recreational feature toattract future residents of the Development and that continuity of ownershipbetween the Development and the golf course was desirable to protect hissubstantial investments in the 4,518 acre Development.
According to Weiland's deposition testimony, he has owned and developedseveral golf courses over his thirty-five year career and is familiar with the out-of-bounds markers around the edges of golf courses. Weiland stated that, whenconsidering whether to purchase the Golf Course Property, he viewed everything