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BERRY v. WEEKS

22007

279 S.C. 543 (1983)

309 S.E.2d 744

Frank B. BERRY, Carl Campbell, Jr., Jack E. Roumillat, Pat Bailey, Roy H. Lightsey, in their official capacities, constituting the Dorchester County Water Authority, and in their individual capacities, and Robert Mahoney, Appellants, v. T. Coke WEEKS, George P. Knight, Donald Handelsman, Kenneth F. Waggoner, Edmond T. Knight, Walter B. Wall, Jr., Shirley M. Lang, constituting the Dorchester County Council, Respondents.

Supreme Court of South Carolina.

November 28, 1983.

Attorney(s) appearing for the Case

Sinkler, Gibbs & Simons, Charleston, and Mary Ann Marwick, Summerville, for appellants.

Leo H. Hill, of Hill, Wyatt & Bannister, Greenville, amicus curiae, for Ass'n of Sp. Purpose Districts.

James A. Bell, St. George, and Guerard & Applegate, Charleston, for respondents.

November 28, 1983.

HARWELL, Justice:

Appellant Dorchester County Water Authority (the Authority) appeals from the trial court's refusal to issue an injunction or declaratory judgment against respondent Dorchester County Council. We reverse.

This dispute involves the proposed takeover by Dorchester County of a special purpose district located within its boundaries after the home rule amendments to the South Carolina Constitution, Article VIII.

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