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CUSEO v. HORRY COUNTY PLANNING COM'N

No. 2187.

445 S.E.2d 644 (1994)

Joseph M. CUSEO, III, Deborah M. Cuseo, Ronald G. Beers, Nancy E. Beers, James A. Butcher, Charlotte F. Butcher, Dennis M. Overfield, Mary T. Overfield, John F. Benuscak, Betty M. Benuscak, Dieter Spikereit, Victoria J. Spikereit, Ronald W. Curtis, Kay E. Curtis, Alan J. Enlow, Kimberly T. Enlow, Harold A. Drake, Martha C. Drake, Roger Martino, Judith Martino, Kerry L. Robinson, Jo Ann Robinson, Anthony H. Anechiarico, Jo Ann Anechiarico, Alan K. Patterson, Scott A. Patterson, J. Sue Patterson, Michael Vansciver, Rose Vansciver, Teddy Hucks, Cindy Hucks, James O. Baker, Nancy M. James, J. Griffith, Patsy Griffith, Mike Ammons and Annette Ammons, Appellants, v. HORRY COUNTY PLANNING COMMISSION, Zoning Administrator, Zoning Board of Appeals and James Tharington, Respondents.

Court of Appeals of South Carolina.

Decided May 23, 1994.

Rehearing Denied July 21, 1994.

Attorney(s) appearing for the Case

William Isaac Diggs, of McCutchen, Mumford & Diggs, Myrtle Beach, for appellants.

John P. Henry and Emma Ruth Brittain, of Thompson, Henry & Gwin, of Conway; Howell V. Bellamy, Jr., of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for respondents.

PER CURIAM:

This matter originated when the Horry County Planning Commission (the Commission) passed a new zoning ordinance that prohibited mobile home placement on the respondent's, James Tharington's, property. The Commission denied Tharington's request for a permit to place mobile homes on the property he developed in Horry County commonly known as the Whispering Pines Subdivision. Reasoning that Tharington had not availed himself of § 302 of the Horry County...

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