STATE, BUDGET AND CONTROL BOARD v. CITY OF COLUMBIA

23678

308 S.C. 487 (1992)

418 S.E.2d 229

The STATE of South Carolina, by the STATE BUDGET AND CONTROL BOARD, Respondent v. The CITY OF COLUMBIA, South Carolina, Columbia Bible College, The Harbison Group, John H. Burris, C.T. Brook Limited Partnership, Homart Development Company, Churchville Associates, Joe Louis Gladney, South Carolina Baptist Hospital, Reliance Woodmont Limited Partnership, St. Andrews Development Company, and Mall Boulevard Corporation, Defendants, of whom The City of Columbia, South Carolina, Columbia Bible College, The Harbison Group, John H. Burris, C.T. Brook Limited Partnership, Mall Boulevard Corporation, and Reliance Woodmont Limited Partnership, are Appellants.

Supreme Court of South Carolina.

Decided June 8, 1992.


Attorney(s) appearing for the Case

Danny C. Crowe, of Turner, Padget, Graham & Laney, P.A., Keith M. Babcock of Lewis, Babcock & Hawkins, Roy D. Bates and James S. Meggs, Office of City Atty., William C. Boyd and Manton M. Grier, Sinkler & Boyd, Columbia, for appellants.

S. Jahue Moore, West Columbia, for respondent.


Heard April 6, 1992.

Decided June 8, 1992.

HARWELL, Chief Justice:

This is a declaratory judgment action seeking a declaration as to the legality of certain annexations made by the City of Columbia (the City). We reverse in part and remand in part.

I. FACTS

On December 6, 1989, the City purchased a strip of land approximately five feet wide and one-half mile long bordering the eastern shore of the Broad River just north of the point...

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