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CITY OF SPARTANBURG v. SPARTAN VILLA

20790

273 S.C. 1 (1978)

253 S.E.2d 501

CITY OF SPARTANBURG, Appellant, v. SPARTAN VILLA, a Limited Partnership, Horizon Apartments, Ltd. and J. Wesley Davis, Respondents.

Supreme Court of South Carolina.

October 24, 1978.

Attorney(s) appearing for the Case

T.E. Walsh and William E. Walsh, of Gaines & Walsh, Spartanburg, for appellant.

C. Thomas Wyche, of Wyche, Burgess, Freeman & Parham, Greenville, for respondents.

October 24, 1978.

NESS, Justice:

This litigation arose following the appellant City of Spartanburg's attempt to collect a sewer tap fee from the owner of respondent Spartan Villa, an apartment complex. The trial court, sitting without a jury, concluded that a $10,000 tap fee was due. We affirm in part and reverse in part.

In 1971, Spartan Villa proposed to construct a 200 unit apartment complex under the auspices...

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