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LOMINICK v. CITY OF AIKEN

18183

244 S.C. 32 (1964)

135 S.E.2d 305

Robert L. LOMINICK, Appellant, v. CITY OF AIKEN, Helen Reilly Schwerin and Mary Jane Tewkesbury, in their own right and as representatives of the class of persons similarly situated, of whom Helen Reilly Schwerin is, Respondent.

Supreme Court of South Carolina.

March 12, 1964.

Attorney(s) appearing for the Case

Messrs. Lybrand, Simons & Rich, of Aiken, and Thomas H. Pope, of Newberry, for Appellant.

Messrs. Garvin, Williamson & Grant, of Aiken, for Respondent.

March 12, 1964.

BUSSEY, Justice.

This action for relief by way of declaratory judgment arose out of the following facts. The plaintiff-appellant, a young registered pharmacist residing and employed in Aiken, in the year 1962 conceived the idea of buying a lot in that city, located at the intersection of Richland Avenue and Waterloo Street, for the purpose of erecting thereon a drug store. Richland Avenue, which passes in front of

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