BEAR ENTERPRISES v. COUNTY OF GREENVILLE

No. 2365.

459 S.E.2d 883 (1995)

BEAR ENTERPRISES, a South Carolina General Partnership, Respondent, v. The COUNTY OF GREENVILLE, Greenville County Council, a Body Politic Composed of Frederick Blackwell, Richard A. Ashmore, James Patterson, Richard Herdklotz, Robert W. Leach, Paul B. Wickensimer, Fletcher N. Smith, Jr., C. Wade Cleveland, Rev. E.D. Dixon, Allen Lee Johnson, George E. Bomar, and Bob Cook, Appellants.

Court of Appeals of South Carolina.

Decided June 19, 1995.

Rehearing Denied August 10, 1995.


Attorney(s) appearing for the Case

Judith S. Burk and Jeffrey D. Wile, Greenville Attorney's Office, Greenville, for appellants.

Eric K. Englebardt and Anne S. Ellefson, Haynsworth, Marion, McKay & Guerard, Greenville, for respondent.


PER CURIAM:

In this zoning case, the County of Greenville and its County Council members (County) appeal a circuit court order granting summary judgment to Bear Enterprises (Bear) and instructing the County to grant a request by Bear to rezone its property. We reverse.

Bear Enterprises, a South Carolina General Partnership, owns approximately 23.13 acres of property on U.S. Highway 123 in Greenville County. Bear's property is bordered on the west side by a...

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