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PRICE v. CITY OF GEORGETOWN

1257

297 S.C. 185 (1988)

375 S.E.2d 334

Barry A. PRICE, Appellant v. The CITY OF GEORGETOWN, a municipal corporation and duly constituted political subdivision of the State of South Carolina; H.E. Bonnoitt, Jr., in his official capacity as Mayor of the City of Georgetown; Sam Bonds, Lenora F. Walters, Herbert Knox, Lynn Wood Wilson, Paul Smith, and Claude M. Daniels, in their official capacities as members of the City Council of the City of Georgetown, South Carolina, Respondents.

Court of Appeals of South Carolina.

Decided November 28, 1988.

Attorney(s) appearing for the Case

Thomas J. Rubillo, of Rubillo & Thomas, Georgetown,for appellant.

Patrick James Doyle, Georgetown, for respondents.

Heard Oct. 12, 1988.

Decided Nov. 28, 1988.

GARDNER, Judge:

Barry A. Price (the landowner) petitioned the City of Georgetown and its officers (the City) to rezone his property from R-1 (residential) to GC (general commercial). The City denied the request and the landowner appealed to the circuit court. On appeal, the City moved for summary judgment on the ground of res judicata. The circuit court granted summary judgment on the ground of

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