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BYRD v. CITY OF NORTH AUGUSTA

19747

261 S.C. 591 (1974)

201 S.E.2d 744

W.B. BYRD et al., Respondents, v. CITY OF NORTH AUGUSTA et al., Appellants.

Supreme Court of South Carolina.

January 7, 1974.

Attorney(s) appearing for the Case

Kelly F. Zier, Esq., of North Augusta, for Appellant.

Messrs. Toole & Toole and Lybrand, Rich, Cain & Simmons, of Aiken, for Respondents.

January 7, 1974.

LITTLEJOHN, Justice:

The plaintiffs, Byrds, instituted this action against the City of North Augusta and its governing officials (hereinafter referred to as the City), wherein they ask (1) for declaratory judgment holding that they may use the real estate in controversy for commercial purposes, (2) that the court declare the 1971 North Augusta Zoning Ordinance unconstitutional and invalid insofar...

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