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SCOTT v. GREENVILLE COUNTY

No. 82-2053.

716 F.2d 1409 (1983)

G.T. SCOTT, Appellant, v. GREENVILLE COUNTY: C. Daniel Riddle; I.H. Gibson; Mike Fair; Melvin Pace; John L. Bauer; W. Bentley Hines; Johnnie M. Smith; W. Shannon Linning; Larry H. McCalla; Marshall L. Cason; J. Harlon Riggins; W.B. Bennett; Charles F. Styles; Clyde E. Morgan, individually and as members of Greenville County Council; Robert T. Ashmore; E.A. Peddycord and W.S. Farmer, Jr., individually and as members of Buxton Subdivision, Garden Terrace Community, Crestwood Drive Community and the State Park Road Community, Manly Drive, Deamlany Way and Hillandale Circle, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

Keith M. Babcock, Columbia, S.C. (William F. Austin, A. Camden Lewis, Austin & Lewis, Columbia, S.C., on brief), for appellant.

J.D. Todd, Jr., Greenville, S.C. (Leatherwood, Walker, Todd & Mann, William M. Grant, Jr., Ward Benjamin McClain, Jr., Haynsworth, Perry, Bryant, Marion & Johnstone, Joseph H. Earle, Jr., Greenville County Atty. and Charles Richard Stewart, Staff Atty., Greenville, S.C., on brief), for appellees.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BRYAN, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

When plaintiff Scott, a real estate developer, sought a building permit to construct low-income apartments in an area of Greenville County, South Carolina, zoned for the density of the project that he wished to build, the County Council halted issuance of the permit pending consideration of a re-zoning of the proposed building site. Plaintiff obtained a state trial court ruling declaring the Council's action illegal and ordering immediate...

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