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NEAL v. DARBY

0207

282 S.C. 277 (1984)

318 S.E.2d 18

Walter NEAL and Industrial Chemical Company, Inc., Appellants, v. J. Simpson DARBY, L.H. Schwieterman, John Archie Lucas, Donald B. Murray, Marion M. Thomas, and J.F. Martin as members of the Chester County Council, and the County of Chester, Respondents.

Court of Appeals of South Carolina.

June 22, 1984.

Attorney(s) appearing for the Case

Robert O. King, of Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, for appellants.

Paul E. Short, Jr., Chester, for respondents.

June 22, 1984.

SANDERS, Chief Justice:

Appellants Walter Neal and Industrial Chemical Company, Inc., are engaged in the business of reclaiming used paint and industrial solvents. They challenged the constitutionality of a Chester County ordinance pertaining to the handling and storage of hazardous chemicals. Respondents Chester County and its county council members counterclaimed, alleging the company's landfill site is a public nuisance. Following trial of...

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