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TURNER v. BARBER

23007

298 S.C. 321 (1989)

380 S.E.2d 811

Armond A. TURNER, Mary Lou Caudell, Dewey E. Daniels, L. Frances Daniels, Robert L. Kunkel, R.N. Robertson, Charles Bass, by C.T. Bass, his parent and Guardian, Brittany Brazell, by Vera Brazell, her parent and Guardian, Brandon Burnside, by Pixie Burnside, his parent and Guardian, Theresa Shealy, by Kathy Fine, her parent and Guardian, Pauline Blizzard, by Patricia Blizzard, her parent and Guardian, Melissa Pierce, by Vickie Lilly, her parent and Guardian, Stephen Chovanec, by Michele Chovanec, his parent and Guardian, Jennifer Miller and Ashley Miller, by M. Wayne Miller and Cherisse Miller, their parents and Guardians, Elizabeth Reed, by Peter D. Reed and Anne Reed, her parents and Guardians, Appellants v. James R. BARBER, III, Leone S. Castles, James C. Farley, Lillie E. Herndon, John D. Monroe, and W.R. Rogers, as members of the Richland County Council, and Thomas E. Boney, Robert D. Coble, Raymond E. McKay, Jr., Billy E. Taylor, Candy Y. Waites, as members of the Richland County Council, and Richland County, and Universal Associates, a South Carolina Limited Partnership, consisting of McGee, Reaves, Loving and Player, Inc., as General Partner, and numerous persons as Investor Limited Partners, Respondents.

Supreme Court of South Carolina.

Decided April 24, 1989.

Attorney(s) appearing for the Case

Ronald M. Childress, Columbia, for appellants.

J. Lewis Cromer, Columbia, for respondent, Universal Associates.

C. Dennis Aughtry and P. Lawrence Hoffman, Richland County Attorney's Office, Columbia, for all other respondents.

Heard Feb. 20, 1989.

Decided April 24, 1989.

CHANDLER, Justice:

Armond Turner, et al. (Homeowners), appeal a Circuit Court Order which upheld a rezoning ordinance of the Richland County Council (Council). We reverse.

FACTS

In April, 1986, Respondent Universal Associates (Universal) sought to rezone a 100 acre tract of land as a Planned Unit Development (PUD).1

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