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CITY OF SPARTANBURG v. COUNTY OF SPARTANBURG

23338

303 S.C. 393 (1991)

401 S.E.2d 158

CITY OF SPARTANBURG, Appellant v. The COUNTY OF SPARTANBURG, Lachlan L. Hyatt, David G. Dennis, Sallie S. Peake, Wade A. Corn, Jr., and Danny E. Allen, Council Members of the Spartanburg County Council; Kenneth L. Westmoreland, Administrator; and Draper Corporation, Respondents.

Supreme Court of South Carolina.

Decided February 4, 1991.

Attorney(s) appearing for the Case

H. Spencer King, of King and Hray, of Spartanburg, for appellant.

Edwin C. Haskell, III, of Smith and Haskell, Spartanburg, for respondents County, Council Members and Adm'r.

T. Sam Means, Jr., of Butler, Means, Evins and Browne, Spartanburg, for respondent Draper Corp.

Heard Dec. 14, 1990.

Decided Feb. 4, 1991.

GREGORY, Chief Justice:

This appeal is from an order granting respondents (County) summary judgment on the ground appellant (City) has no standing to maintain this suit. We affirm.

Draper Corporation is a large industrial plant located on twenty-nine acres bounded on all sides by property within City's limits. Draper itself is not within the city limits but remains as unincorporated area of County...

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