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SPAR. SAN. SEW. DIST. v. CITY OF SPAR.

22159

283 S.C. 67 (1984)

321 S.E.2d 258

SPARTANBURG SANITARY SEWER DISTRICT, Respondent, v. CITY OF SPARTANBURG: Franklin W. Allen, in his official capacity as Mayor of the City of Spartanburg and a member of The Spartanburg City Council; C. Chester Brown, E. Lewis Miller; Ralph D. Prince, and Richard W. Kline, in their official capacities as members of The Spartanburg City Council; and William H. Carstarphen, in his official capacity as Spartanburg City Manager, Appellants. The CITY OF SPARTANBURG and E. Lewis Miller, individually and as Mayor of the City of Spartanburg and C. Chester Brown, Jr., Richard W. Kline, Ellen Hines Smith and James E. Talley, individually and as members of City Council of Spartanburg, Appellants, v. SPARTANBURG SANITARY SEWER DISTRICT, Respondent.

Supreme Court of South Carolina.

Decided August 21, 1984.

Attorney(s) appearing for the Case

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

Edward P. Perrin and Lawrence E. Flynn, Jr., of Perrin, Perrin, Mann & Patterson, Spartanburg, for respondents.

Heard February 21, 1984.

Decided August 21, 1984.

GREGORY, Justice:

These two actions were consolidated for purposes of appeal. We affirm as modified the Order of the circuit court in Spartanburg Sanitary Sewer District v. The City of Spartanburg. We reverse the Order of the circuit court in The City of Spartanburg v. Spartanburg Sanitary Sewer District.

I.

Respondent Spartanburg Sanitary...

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