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FAIRWAY FORD, INC. v. TIMMONS

22063

281 S.C. 57 (1984)

314 S.E.2d 322

FAIRWAY FORD, INC., Sullivan Hardware Co., Inc., Universal Equipment Co., Inc., Walter S. Griffin and McKinney and Jones Real Estate Corp., Plaintiffs-Respondents, v. Charles M. TIMMONS, W. David Roe, Mark B. Tolbert, C. Ben Bowen, I.L. Donkle, III, as Members of the Greenville County Election Commission and the City of Greenville, S.C. Defendants, of Whom The City of Greenville, S.C. is Defendant-Appellant.

Supreme Court of South Carolina.

Decided March 22, 1984.

Attorney(s) appearing for the Case

Stephen A. Kern, Elizabeth K. Stricklin; and Frank H. Gibbes, III, of Rainey, Britton, Gibbes & Clarkson, Greenville, for defendant-appellant.

Harvey G. Sanders and Mark R. Holmes, both of Leatherwood, Walker, Todd & Mann, Greenville, for plaintiffs-respondents.

Heard Feb. 10, 1984.

Decided March 22, 1984.

LITTLEJOHN, Justice:

The plaintiffs-respondents are nonresident owners of commercial property in a 102-acre tract of land in Greenville County adjoining the City of Greenville. They brought this action against the Greenville County Election Commission and against the City of Greenville asking the court to declare the annexation of their land invalid. A portion of the statute under which the annexation vote...

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