PETERSEN v. CITY OF CLEMSON

No. 2104.

439 S.E.2d 317 (1993)

John D. PETERSEN, Ronald Gantt, Harry Heilemann, Robert N. Newton, Edith H. Smoak, Richard A. Spray, and Ada Louise Steirer, Individually and as the duly Constituted Board of Directors of Neighborhood Preservation Association, Inc., and Vincent D.R. Guide, Geraldine Y. Guide, Gregory M. Bauld, Denise W. Bauld, Carol D. Petersen, William F. Steirer, Jr., Jo Etta Gantt, Rebecca S. Spray, Harry H. Smoak, John D. Henley, Doris D. Henley, Leroy M. Hansen, Linda L. Hansen, Michael A. Thompson, Young J. Han, Ingee Y. Han, Richard O. Hegg, Betsey C. Hegg, William H. Allen, Robert E. Williamson, Eva S. Williamson, Curtis L. Weller, Michael F. McLeod, Dorothy King, Albert King, Willie Greenlee, Elinor R. Baron, Breta Donovan Bost, John N. Gowdy, Linda L. Gowdy, Floyd Jones, Jeanene B. Jones, Joni Kellough Grady, C.P. Leslie Grady, Jr., Arthur P. Young, Harold C. Grossman, Jacqueline L. Grossman, James M. Colacino and Sandra S. Colacino, Individually, Appellants, v. The CITY OF CLEMSON and Larry W. Abernathy, in his capacity as Mayor of the City of Clemson, Ensley Feemster, Gordon Gray, I. Leonard Keller, Stephen A. Sefick, Joseph Piekutowski and John Butler, in their capacity as the Duly Elected Council or Governing Body of the City of Clemson; and Joseph D. Kinsler and Sara Kinsler Colvin, Intervenors, Respondents.

Court of Appeals of South Carolina.

Decided December 13, 1993.

Rehearing Denied January 19, 1994.


Attorney(s) appearing for the Case

Lindsey O. Graham, of Brandt, Fedder, Graham & Cain; and Alexander S. Macaulay, Miley & Macaulay, Walhalla, for appellants.

Leo Hill, Greenville; Roy D. Bates, Columbia; and N. Gruber Sires, Jr., Seneca, for respondents.


CURETON, Judge:

John D. Petersen and others (collectively referred to as "Petersen") brought an action against the City of Clemson and others (collectively referred to as "the City") seeking a declaratory judgment that the City of Clemson's zoning ordinance adopted March 4, 1991 is invalid, and that the rezoning of a thirty-five acre tract of land adjacent to their properties (the Kinsler property) from residential to Planned...

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