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TERPIN v. DARLINGTON COUNTY COUNCIL

22351

286 S.C. 112 (1985)

332 S.E.2d 771

James E. TERPIN, d/b/a Jim's Fireworks, Appellant, v. DARLINGTON COUNTY COUNCIL; James L. White, Darlington County Manager; and G. Clyde Dudley, Darlington County Sheriff, Respondents.

Supreme Court of South Carolina.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Betty J. Gambrell Cobb of King & Cobb, and Kenneth A. Richstad, Columbia, for appellant.

Daniel B. Causey, III, Darlington, for respondents.

Heard June 3, 1985.

Decided July 9, 1985.

HARWELL, Justice:

The appellant James E. Terpin, d/b/a Jim's Fireworks, initiated this declaratory judgment action against the respondent Darlington County Council to determine the validity of a county ordinance regulating the sale of fireworks. The trial court upheld the ordinance, and we reverse.

The ordinance generally prohibits the sale, possession, or...

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