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SMITH v. GEORGETOWN COUNTY COUNCIL

0934

292 S.C. 235 (1987)

355 S.E.2d 864

Roy S. SMITH, W. Clark Miller, Jr., C. Daniel Cannon, Eva L. Holmes, John Brooks and John Kittrell, Respondents v. The GEORGETOWN COUNTY COUNCIL and Alfred B. Schooler, Kenneth W. Thornton, Jr., Philip Gregory Smith, H. Edsel Hemingway and Hughey Walker, in their official capacities as members of the Georgetown County Council, R.L. Port, D.J. Barnhill, Robert Patterson, Frank Swinnie, Jr., Charles Welch, C.R. Knight and Elizabeth Forrester, in their official capacities as members of the Georgetown Planning Commission, Litchfield Company of South Carolina, Inc. and Litchfield-by-the-Sea, a joint venture organized under the Uniform Partnership Laws of South Carolina, Appellants.

Court of Appeals of South Carolina.

Decided April 13, 1987.

Attorney(s) appearing for the Case

Charles T. Smith of Moore, Flowers & Doar, Sylvan L. Rosen and Jack M. Scoville of Rosen, Rosen & Scoville, and H.E. Bonnoitt, Jr., Georgetown, for appellants.

E.N. Zeigler of Zeigler, McEachin and Graham, Florence, for respondents.

Heard Dec. 11, 1986.

Decided April 13, 1987.

Per Curiam:

This is an appeal from a circuit court order invalidating an amendment to the Georgetown County zoning ordinance. The Georgetown County Council, upon recommendation of the Georgetown County Planning Commission, approved an amendment rezoning land owned by Litchfield-by-the-Sea as "Planned Unit Development," but made approval of Litchfield's Beach, South Carolina, commenced a class action...

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