Criminal Defense Lawyer in Summerville, SC

SUMMERVILLE, S.C. (WCSC) - The Town of Summerville is considering an annexation and zoning request from developers that would allow new apartments to be built.

Developers want 4.26 acres to be annexed and zoned multi-family residential despite neighborhood concerns.

“I haven’t talked to a single homeowner that’s in favor of a multi-family being built behind us,” Edward Mullis II, of Summerville, said.

Luden Drive and King Charles Circle are where developers are requesting to annex the property. They have another larger piece of land that’s about 27 acres, which is already in town and zoned for residential, directly adjacent to their request.

The goal is to cluster 180 apartment units mostly on the highland acreage of the property, which includes the property that’s already in town and zoned for multifamily and the additional acres they’re looking to annex. But neighbors think it will cause a multitude of issues.

“I think it will kill all of our property values that we have built up. I think it will cause a lot of traffic problems. We already have overcrowded schools here, and we don’t need any more kids to go to these schools; they’re already full. It’s just there are so many different problems with building a multi-family development right in the middle of Newington,” Mullis said.

“The adjacent property is already zoned multi-family residential, so they can technically build without this property, but they wanted this property to further limit the impact that they had on the wetlands and the flood plain,” Town of Summerville Director of Planning Jessi Shuler said.

Flooding is a major concern for neighbors like Mullis. He has lived on the next street over for almost 20 years. He said recent developments have made flooding worse.

“We have a drainage problem in the cul-de-sac, and I’ve called several times to have it fixed, and they came out to clean it, but still, when it rains hard, water builds up; It never did that before they built that Berlin G Meyers thing,” Mullis said.

Shuler said the town has restrictions that require developers to plan for flooding mitigation.

Much of the neighbors’ concerns have been echoed by the planning commission with a unanimous vote to deny the request for annexation; on the other hand, Summerville town staff have recommended approval. Shuler said that decision is based on the comprehensive plan and planning principles.

“Most of Luden Drive is zoned multi-family residential, so it’s not like it’s spot zoning or anything of that sort,” Shuler said.

One of the largest concerns from a recent public hearing is traffic. Citing cut through traffic from phase three of the Berlin G Myers project already impacting that area.

“You have enough people coming through Summerville, just this neighborhood and the schools, there is plenty of traffic already, so you’re just going to add more to it,” George Edwards Cammerer III, of Summerville, said.

“Our comprehensive plan also speaks to the need for more housing in the area and particularly more different types of housing. To be able to, one, help with affordability and also just provide additional housing for all the people moving to Summerville,” Shuler said.

Mullis said he’d rather have more individual homes there if anything, but ideally not in his neighborhood.

“There are so many other places that you could build something; why do you have to build it right in the middle of Newington?” Mullis said.

On Monday night, the request will go before the planning committee, and on Thursday, the first reading before the full council. Shuler added that a traffic study will also be needed to move forward with the project.

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When Richard "Rick" and Phyllis Riccio first visited Summerville in the spring of 2024, they had no concrete plans of opening a restaurant. After decades in the corporate world and running multiple restaurants in New Jersey and New York, Rick had envisioned retirement a little differently.

While waiting for their house to be built, the couple started to think about what they were going to do to fill their time once they moved to the Lowcountry. With their extensive backgrounds in business and food service, they quickly noticed a gap in Summerville’s growing Italian food scene — particularly in fast, high-quality takeout options. After their move in December 2024, the space they operate out of now — once occupied by another restaurant called Eva’s on Main — was placed on their radar. Rick said he knew it was the right fit as soon as he saw the commercial kitchen.

Because of the confidential nature of the transaction, a non-disclosure agreement, or NDA, was signed they were required to keep until the final sale. No one knew about their plans to open a restaurant until this past March. After closing on the property, they met with Eva’s staff and offered positions to everyone. Some stayed, including longtime local general manager Tina Howard and cook Miss Beanie.

Nonna’s Olde World Italian Deli and Specialties, named in honor of Rick’s mother, Angela, 83, opened just two days after Easter. Open at 10 a.m. Monday-Saturday, the Riccios intentionally close the shop at 6 p.m., allowing customers to support other local eateries offering dinner service.

“There are great sit-down spots like La Rustica and Laura’s,” Rick said. But Nonna’s fills a different need — restaurant-quality Italian food made fresh, but designed for takeout.

Food has always been central to Rick’s life. His great-grandfather immigrated from Italy in 1922 and opened an Italian bakery in Jersey City, New Jersey. The family expanded into bakeries, butcher shops and delis across the decades. Rick started cooking at 8 years old, but he initially pursued a different path, working his way up to vice president of facilities at a university in New York City. He left that position during the COVID-19 pandemic, turning his attention fully to the food business.

It was around that time he met Phyllis, who spent 30 years working as a medical assistant. Together, they ran a café, deli and pizzeria before retiring and exploring new places to live. After first visiting Summerville in 2024, they returned that December with Rick’s mother, who now lives with them.

Everything at Nonna’s is made fresh. Rick acknowledges some concerns about long wait times but says quality takes time.

“When you order a chicken Parmesan sandwich, that chicken is being [prepared] right then,” he said.

Even deli meats are sliced to order, and Rick makes the mozzarella fresh every morning. Marinara and other sauces are prepared in-house in large batches. Produce is sourced locally and delivered twice a week. Bread and some desserts are brought in from a bakery in New York, a nod to their Northeastern roots. One standout item — the meatball Parmesan sandwich — is made with meatballs hand-rolled by Nonna, who comes in three times a week.

The shop also honors Phyllis’ Polish heritage with handmade pierogi, a popular custom request. Her grandmother once owned a bakery in Massachusetts, and the tradition lives on through Phyllis.

Phyllis manages the bakery side of the business, preparing pies and pastries, while Rick runs the kitchen. Tina oversees operations and front-of-house.

“We’re a quintessential New York/New Jersey-style deli and specialty shop,” Rick said. “We’re not a restaurant, even though we serve restaurant-quality food. We’re not here to compete — we just want to share what we do.”

They had originally planned to sell Italian ice cream, but decided against it to support the neighboring business.

“Everybody has their niche,” he said.

Some menu items are named after their grown children, including The Alexis and The Nicole sandwiches. The couple also offers catering, which has taken off quickly. With a strong reception from the community, Rick said they’ve already been approached about opening a second location.

“We’re not saying yes to that right now,” he said.

The original vision was to have something small to keep busy and to help pay the bills. The Riccios are open to having that conversation in the future.

The Riccios said they’ve been embraced by the Summerville community, including fellow business owners at La Rustica, Laura’s and Cuppa Manna. During a recent power outage, customers and neighbors reached out to offer help.

Even with the challenges of launching a new business, Rick and Phyllis say the rewards far outweigh the difficulties.

“We’re very humbled and pleased,” Rick said. “We’ve already got regulars who come in two or three times a week.”

Nonna’s is located in downtown Summerville at 129 S. Main St.

SUMMERVILLE — A Lowcountry state lawmaker and lawyer sparked a social media debate this week after coming to the defense of Born United, a local company being sued by the Buc-ee's travel center chain over claims of copyright infringement for using its trademarked beaver mascot on merchandise.

S.C. Sen. Tom Fernandez, a Summerville resident and personal injury lawyer, said he is a part owner of the Myrtle Beach branch of the Goose Creek-based business, which also has retail locations in North Charleston and Summerville, as well as in several other states.

“For the record, I’m a proud 49% owner of the Born United Myrtle Beach store. And yes, one of the shirts Born United makes features a parody of a beaver …" Fernandez posted to Facebook on June 3. "It’s not the Buc-ee’s logo. It’s creative. It’s different. And it’s protected.”

He said the image in question — a beaver in a yellow circle wearing night-vision goggles and tactical gear — is parody and therefore protected by the First Amendment. The Buc-ee's logo features a similar buck-toothed rodent looking in the same direction with the same expression, though wearing a red baseball cap.

Fernandez did not immediately respond to a request for comment from The Post and Courier.

His post had generated nearly 500 reactions and 350 comments in little more than a day.

Many people disagreed that the image on Born United merchandise isn't the Buc-ee's logo.

"That's definitely Buc-ee. Why deny it?" one posted. Others noted that it was clearly a "rip off," "not creative or different" and is "the same exact beaver in tactical gear lol."

"The eyes, the cheeks, all the way down to the shine on its nose, I'm sorry but that is the same beaver," read another post.

Several people, however, defended Born United, noting that "they aren't even close" and "the artwork is not the same."

One supporter wrote that "...it’s not violating a trademark, it’s not copying their brand in an effort to lure buyers away. Similar is not illegal."

Fernandez responded to a number of posts to again defend his position, though at times flinging insults at other posters.

"I absolutely believe in protecting intellectual property too when there’s true infringement. But parody and satire have long been protected under both copyright and trademark law. The Born United design is clearly a tactical, military-themed twist meant to poke fun, not to confuse customers or pass as Buc-ee’s," he wrote at one point. "It’s not the same beaver and it wasn’t meant to be. That’s exactly why parody exists as a legal defense, and it’ll ultimately be up to the courts to decide."

Fernandez, who is not named in the lawsuit, further added he thinks Buc-ee's knows "that they'll lose this case. They're just trying to bully born united.”

To someone accusing him of trying to drum up sympathy and admit the mistake, Fernandez responded: "not asking for sympathy from someone who doesn't know wtf they're talking about. And it's not my mistake. I'm not getting sued. So gfy."

In a lawsuit filed in federal court in Charleston on May 27, Buc-ee's officials alleged that Born United, a retail store founded by Cameron Bechtold, used their cartoon beaver logo and sold it on merchandise without permission.

Attorneys for the company said Born United has continued to merchandise with the beaver image after a cease-and-desist letter was previously sent to Bechtold. On June 3, Born United's North Charleston store had a number of products still for sale with the beaver logo and the words “An American Tradition” and “Born United."

Born United’s website also sells a variety of products with images similar to other trademarked characters, such as Winnie the Pooh with a semi-automatic rifle and Tigger with captions in Disney’s Waltograph font. There’s a T-shirt with Darth Vader saying “Force Around and Find Out,” one with Smokey the Bear, a "Tequila is my Gatorade" shirt with sports drink's signature orange lightning bolt and font, and another tee with the Looney Tunes squad, which are trademarks of Warner Bros. Entertainment Inc.

Born United operates under the slogan “bringing brands together that stand for freedom,” and offers its own private label products as well as items from third-party brands, such as Grunt Style, Palmetto State Armory, Nine Line Apparel and others.

What the law says

Under the Lanham Act, a registered trademark holder has a right to prevent another's use of a trademark that is likely to cause confusion, or to cause mistake, or to deceive. Buc-ee's primary argument is that the Born United merchandise will do just that, possibly causing customers to think the shirts, sweatshirts and patches were approved by the Texas-based gas station and convenience store.

Fernandez defended against those claims in his Facebook posts.

“Born United didn’t take anything... they flipped it, mocked it, and made it their own with a completely different message and vibe,” he wrote in one post.

In another, he said that the owners of Born United "feel confident, very confident, in their legal position. They’re not backing down. And I fully support them in fighting this in court."

Companies often file lawsuits to protect their trademarks, and Buc-ee's is known to be aggressive in its court actions to protect its logo.

“Trademark cases always comes down to whether the public will be confused by the source of the services," said Bill Killough, a Charleston patent attorney who is not involved in the case.

Killough cited a 1992 case in which Anheuser-Busch sued South Carolina-based L & L Wings Inc., among other plaintiffs, for infringement of its Budweiser trademark — a familiar design on beer cans since 1876. The product in question was a T-shirt depicting a beer can featuring a red, white and blue label with words referencing Myrtle Beach, not beer.