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SIMMONS v. BD. OF ADJ. OF CITY OF CHARLESTON

16955

226 S.C. 459 (1955)

85 S.E.2d 708

Application of Dan H. Groves and E.V. Presson, to construct a restaurant on South Adgers Wharf. HAROLD W. SIMMONS, HENRY C. CHEVES, JR., HENRY C. CHEVES, III, GEORGE S. DEMERRELL, LAWRENCE W. BARRETT, ALMA BARRETT, MRS. ALEXANDER MARTIN, MRS. ELIZABETH McGOWAN and JOSEPH T. CLEMENT, Appellants, v. THE BOARD OF ADJUSTMENT OF CITY OF CHARLESTON, DAN H. GROVES, E.V. PRESSON and THE CHARLESTON LOBSTER HOUSE, INC., Respondents.

Supreme Court of South Carolina.

February 2, 1955.

Attorney(s) appearing for the Case

Messrs. Hagood, Rivers & Young, of Charleston, for Appellants.

Messrs. Frank H. Bailey and Charles J. Baker, Jr., of Charleston, for Respondent, The Board of Adjustment for the City of Charleston, and Thos. P. Bussey, of Charleston, for the Respondents, Dan H. Groves, E.V. Presson, and The Charleston Lobster House, Inc.

February 2, 1955.

J. FRANK EATMON, Acting Associate Justice.

The City of Charleston has had in effect for a number of years a zoning ordinance enacted pursuant to the general statutory law of the State. Between East Bay and Concord Streets, south of Broad Street, there is a large area of the city zoned as a "B" residential district. To the east of Concord Street is the waterfront of Cooper River, there being between the street and the river a small strip of...

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