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LENARDIS v. CITY OF GREENVILLE

No. 2250.

450 S.E.2d 597 (1994)

Perry LENARDIS, Respondent, v. The CITY OF GREENVILLE, Appellant.

Court of Appeals of South Carolina.

Decided October 31, 1994.

Rehearing Denied December 8, 1994.

Attorney(s) appearing for the Case

City Atty. Stephen A. Kern and Asst. City Atty. Kathleen G. Kempe, Greenville, for appellant.

Robert C. Wilson, Jr., Greenville, for respondent.

SHAW, Judge:

This is a rezoning case. Pursuant to an order of reference for final judgment with direct appeal, the master ordered the defendant city to rezone the plaintiffs property from office use to commercial use. We reverse.

Rezoning is a legislative matter. The decision of the legislative body is presumptively valid, and the property owner bears the burden of proving otherwise. See Rushing v. City of Greenville, 265 S.C. 285

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