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CITIZENS FOR LEE COUNTY, INC. v. LEE COUNTY

23652

308 S.C. 23 (1992)

416 S.E.2d 641

CITIZENS FOR LEE COUNTY, INC.; Franklin E. Weeks; and Bettie Toney, Appellants v. LEE COUNTY, a political subdivision; Mid-American Waste Systems, Inc.; and J. Calvin Joyner, Herman H. Felix, W. Ray Alexander, Jr., C. Arthur Beasley, Luther D. Bramlette, Ben E. Watkins and Thomas H. Woodham, in their official capacity as members of the County Council for Lee County; and Barry Hickman, in his official capacity as County Administrator, Respondents. MID-AMERICAN WASTE SYSTEMS, INC., Mary C. Elmore, Russell R.B. Shaw, Alice S. Stuckey, Charles G. Stuckey, Heyward A. Stuckey and James A. Stuckey, Jr., Respondents v. LEE COUNTY, a political subdivision; and J. Calvin Joyner, Herman H. Felix, W. Ray Alexander, Jr., C. Arthur Beasley, Luther D. Bramlette, Ben E. Watkins, and Thomas H. Woodham, in their official capacity as members of the County Council of Lee County, Respondents, and Citizens for Lee County, Inc., Appellant.

Supreme Court of South Carolina.

Decided April 22, 1992.

Rehearing Denied May 19, 1992.

Attorney(s) appearing for the Case

Belton T. Zeigler, of Lewis, Babcock & Hawkins, Columbia, for appellants.

Paul M. Fata, of Stuckey, Fata & Segars, Bishopville, for respondent Lee County and the individual respondents in their official capacity as members of the County Council of Lee County and Lee County Administrator.

Jacob H. Jennings, of Jennings and Jennings, Bishopville, and Dwight F. Drake, Stuart M. Andrews, Karen A. Crawford and James F. Rogers, of Nelson, Mullins, Riley & Scarborough, Columbia, for respondent Mid-American Waste Systems, Inc.

M.M. Weinberg, Jr., of Weinberg, Brown & McDougall, Sumter, for individual respondents, Mary C. Elmore, Russell R.B. Shaw, Alice S. Stuckey, Charles G. Stuckey, Heyward A. Stuckey, and James A. Stuckey, Jr.

Heard Feb. 4, 1992;

Decided Apr. 22, 1992.

Reh. Den. May 19, 1992.

FINNEY, Judge:

In these two consolidated actions for declaratory relief, the appeals are from circuit court orders wherein the judge ruled in the first case that appellants, Citizens for Lee County, Inc. (CLC), Franklin E. Weeks and Bettie Toney, had failed to establish their right to assert a claim under S.C. Code Ann. § 11-35-50 (1976), and dismissed the first and second...

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