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GREENVILLE CTY. v. INSURANCE RESERVE FUND

No. 24061.

443 S.E.2d 552 (1994)

GREENVILLE COUNTY, Petitioner, v. The INSURANCE RESERVE FUND, A DIVISION OF the SOUTH CAROLINA BUDGET AND CONTROL BOARD, an Agency of the State of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided May 9, 1994.

Rehearing Denied June 7, 1994.

Attorney(s) appearing for the Case

Judith S. Burk, Greenville, for petitioner.

Charles E. Carpenter, Jr., William H. Hensel and Deborah L. Harrison, Richardson, Plowden, Grier & Howser, Columbia, for respondent.

Thomas L. Martin, Eugene R. Anderson and John P. Gasior, Anderson, Kill, Olick & Oshinsky, P.C., New York City, for amicus curiae County of Anderson.

Kay G. Crowe, Barnes, Alford, Stork & Johnson, Columbia, Victor C. Harwood, III, Edward Zampino and Peter E. Mueller, Harwood Lloyd, Hackensack, NJ, for amicus curiae Aetna Cas. and Sur. Co.

John L. Choate and Tracy L. Eggleston, Cozen and O'Connor, Columbia, Laura A. Foggan, Daniel E. Troy and Dennis A. Tosh, Wiley, Rein & Fielding, Washington, DC, for amicus curiae Ins. Environmental Litigation Ass'n.

CHANDLER, Acting Chief Justice:

We granted certiorari to review the Court of Appeals' opinion reported at ___ S.C. ___, 427 S.E.2d 913 (Ct.App.1993).

FACTS

This declaratory judgment action involves ten lawsuits brought against Greenville County (County) by landowners who allege inverse condemnation of their property through County's maintenance of the Simpsonville landfill from 1960 to 1972. The complaints...

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