Morris A. Ellison Principal

Phone: (843) 720-4614  |  Fax: (843) 723-7398  |  Email: mellison@buistmoore.com

Practice Areas
Alternative Dispute Resolution
Bankruptcy and Creditors' Rights
Business and Banking
Business Litigation
Property Tax Appeals
Real Estate
Zoning and Land Use

Morris Ellison is a principal in the South Carolina law firm of Buist Moore Smythe McGee PA where his practice includes commercial real estate transactions, commercial litigation and banking law. He represents local, national and international investors, lenders, and real estate developers in the development, financing and disposition of commercial properties and other assets. Mr. Ellison has experience in a variety of complex real estate and business related issues including the development of several mixed-use projects, real property tax appeals, entity disputes and structuring and complex foreclosures and workouts.

Mr. Ellison is a fellow in both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys. Currently, he is the only attorney in South Carolina to be named to the American American Property Tax Counsel. He is also past-president of the Real Estate Practices Council of the South Carolina Bar.

Mr. Ellison received his B.A. degree magna cum laude from Yale University in 1979 and his J.D. degree from Duke University in 1982 where he served as a member of the Editorial Board of the Duke Law Journal. After graduation, Mr. Ellison served as a law clerk to the Honorable James C. Hill, Judge of the United States Court of Appeals for the Eleventh Circuit from 1982 to 1983.

Representative Matters:

•	Real Estate and Business Transactions: • Representation of developers in various mixed use projects including financing, zoning and development work. • Representation of corporate real estate owners and users in managing, acquiring and selling real estate, hotels and other assets for developers, owners, institutional lenders, dispositions funds, private equity funds and other institutional investors in all aspects of real estate and hotel transactions. • Representation of purchasers and sellers in hotels, industrial assets and other acquisitions. • Representation of foreign purchasers and sellers of real estate and other assets.
•	Commercial Litigation: • Representation of various owners of real estate in complex property tax appeals at all levels • Representation of institutional lenders, banks, and private creditors in sophisticated workouts and complex mortgage foreclosure litigation, workouts and out-of-court restructurings • Representation of developers in real estate litigation including partition suits and suits to clear title • Representation of landlords and tenants in complex lease disputes • Representation of real estate owners in zoning matters before local governmental boards and commissions • Representation of parties in intracompany disputes involving limited liability companies, partnerships and corporations Selected Reported Decisions:    •  Mikell v. County of Charleston, 375 S.C. 552, 654 S.E.2d 92 (S.C. Ct. App. 2007) (represented landowners in successfully creating a planned development by upholding the county’s zoning ordinance and land development regulations)    •  Dillard’s Department Stores, Inc. v. Charleston County Assessor, 2004 WL 3154597 (S.C. Admin. Law Judge Div. 2004) (represented taxpayer in successfully challenging County Assessor’s valuation of two of its anchor department stores.)    •  SCN Mortgage Corporation v. White, 309 S.C. 146, 420 S.E.2d 514 (S.C. Ct. App. 1992), aff’d, 440 S.E.2d 868 (S.C. 1994)(represented borrower in successfully arguing that a contractual waiver of statutory appraisal rights violates South Carolina public policy).    •  Ballam v. United States, 747 F.2d 915 (4th Cir. 1984) (represented owner of land adjacent to artificial waterway constructed by United States alleging a compensable taking by the United States arising from erosion to land under the Fifth Amendment. Appellate Court reversed District Court holding that erosion damage constituted a compensable taking by the United States.)    •  Levendag v. Churchill, 623 F.Supp. 620 (D.S.C. 1985) (represented investor in churning suit under the federal securities laws and state law against brokerage firm. After appeal to the Fourth Circuit and remand, District Court granted motions to compel arbitration and a motion to stay judicial proceedings).    •  FDIC v. Danzig, 1993 W.L. 478842 (4th Cir. 1993). (represented lender in action on note, which obtained judgment against debtor. Court of Appeals affirmed District Court holding that debtor had satisfied good cause requirement for relief under Federal Rule of Civil Procedure 55.). Educational Background:    •  Duke University School of Law, 1982 - J.D.   Editorial Board Member, Duke Law Journal, 1981-1982 Staff Member, Duke Law Journal, 1980 Author, "Federal Preemption Under the Railway Labor Act: Traditional vs. Essential State Functions in the Context of Commuter Transit Systems", 1981 Duke Law Journal 989 International and Comparative Law Institute of Law and Contemporary Problems, 1981-1982    •  Yale University, 1979 - B.A., History, Magna Cum Laude, With Distinction Professional Background:    •  Law Clerk to the Honorable James C. Hill, Circuit Judge for the United States Court of Appeals for the Eleventh Circuit, Atlanta, Georgia, 1982-1983 Honors:    •  The Best Lawyers in America, Commercial Litigation and Real Estate Law    •  Chambers USA: America’s Leading Lawyers for Business 2007, Real Estate Law    •  South Carolina Super Lawyers 2008, Real Estate Law Publications, Papers, Programs and Seminars:    •  Improving the Bottom Line: Tax Reassessment Appeals for Hotels©, Hospitality Law Conference, Houston, Texas, February 2010    •  Morris A. Ellison and William T. Dawson, South Carolina Property Tax Update, AMERICAN PROPERTY TAX COUNSEL NATIONAL PROPERTY TAX UPDATE, September 2009, http://www.aptcnet.com/NewsLtr.html#sc.    •  Contributor to Sale of Goods/Uniform Commercial Code, South Carolina Damages, published by the South Carolina Bar, 2004    •  Contributor to Foreclosure Law & Related Remedies, A State-by-State Digest, published by the Section of Real Property, Probate and Trust Law of the American Bar Association, 1995    •  South Carolina Update, American Property Tax Counsel Seminar, November 2008    •  Shell Games Tenants Play: Guaranties, Letters of Credit and Special Purpose Entities, American College of Real Estate Lawyers San Diego, California, March 2007    •  Dockominium Development, STAR (Stewart Title Attorney Referral) Network Conference, Houston, Texas, November 2007    •  Dockominium Development and Structuring, Hospitality Law Conference, Houston, Texas, February 2007    •  Successfully Pursuing Tax Reassessment Appeals Greater Summerville Dorchester County, South Carolina Chamber of Commerce, August 2005    •  Income Producing Real Estate -- What to do in a Default, South Carolina Bankers Association, September 2003    •  Lender Liability: What Is It and How to Avoid It, South Carolina Bankers Association 2002 Credit Conference    •  Revised Article 9 of the Uniform Commercial Code, South Carolina Bar, August 2001    •  When a Bank Gets Sued: Are You Your Own Worst Enemy? a/k/a the Five Commandments of Defending Suits Against Banks, South Carolina Bankers Association 2000 Credit Conference    •  A Hotel Construction Loan Primer, Practicing Law Institute, May 1999    •  Leasehold Financing: Resolving Issues between Lenders, Owners and Tenants, South Carolina Bar Annual Meeting, June 1997    •  Conflicting Interest in Leasehold Financing, Spring Meeting of the American Bar Association's Section of Real Property, Probate and Trust Law, May 1997    •  Basic Collection Practice in South Carolina, South Carolina Bankers Association, January 1994    •  Secured Lending, Robert Morris Associates, June 3, 1992    •  The Closing Attorney and Conflicts of Interests, Annual Meeting of the South Carolina Bar, 1992    •  Real Estate Receiverships, Annual Meeting of the South Carolina Bar, 1991    •  Guaranty Agreements: Collection Issues, South Carolina Bar Mid-Year Meeting, 1990    •  Lender Liability, International Association of Defense Counsel Mid-Year Meeting, Monterey, California, February 1988 Professional Organizations:    •  American College of Real Estate Lawyers, Fellow    •  American College of Mortgage Attorneys, Fellow    •  American Bar Association • Hotels, Resorts and Tourism Committee, Chair and Co-Chair 2003-2007 • Hospitality Industry Liaison Committee, Member    •  American Property Tax Counsel, South Carolina Member    •  Real Estate Council of the South Carolina Bar, Chair 1994-1995    •  South Carolina Bar Ad Hoc Committee on Attorney Defalcations, Member 1994-1995    •  South Carolina Law Institute • Member, Advisory Committees for Articles 2A and 8 of the Uniform Commercial Code    •  Charleston Lawyers Club • President, 1991-1992    •  Leadership South Carolina, Class of 1988    •  Certified Circuit Court Mediator    •  Former Arbitrator for the American Arbitration Association Bar Admissions:    •  Certified Circuit Court Mediator    •  South Carolina, 1982 Community Organizations:    •  Trident Urban League     • Board of Directors, 1994-Present     • Chairman of Membership Committee, 1996-Present    •  Crisis Ministries     • Board of Directors, 1985-Present     • Master Volunteer, 1985-1986     • Chairman of Shelter Committee, 1986-1988     • Member-Steering Committee for Emergency Fund, 1991-Present    •  Charleston Breakfast Rotary Club     • President, 1990-1991     • Vice-President, 1988-1989     • Board of Directors, 1987-1991     • Paul Harris Fellow     • Founder of Rotary Wheels, a fundraiser which has raised in excess of $150,000 for the homeless and other charities since 1990    •  Roper Foundation (charitable foundation devoted to health care issues in the Greater Charleston, South Carolina area)     • Board of Directors, 1990 to Present     • Chairman of Development Committee, 1994 to Present    •  Hotline, Inc. (crisis intervention and suicide prevention telephone referral service), Board of Directors, 1986-Present    •  Member, North Charleston Local Advisory Board, 1991-Present