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SADISCO v. GREENVILLE BD. OF ZONING

No. 25107.

340 S.C. 57 (2000)

530 S.E.2d 383

Ex Parte SADISCO OF GREENVILLE, INC., Petitioner, v. GREENVILLE COUNTY BOARD OF ZONING APPEALS; Peter Nomikos, Zoning Administrator; and Ruben Montalvo, Respondents.

Supreme Court of South Carolina.

Decided April 10, 2000.

Rehearing Denied May 24, 2000.

Attorney(s) appearing for the Case

H. Michael Spivey, of Mauldin, for petitioner.

Troy A. Tessier, of Wyche, Burgess, Freeman & Parham, P.A., of Greenville, for respondent Ruben Montalvo.

Thomas H. Coker, Jr., and Boyd B. Nicholson, Jr., both of Haynsworth, Marion, McKay & Guerard, L.L.P., of Greenville, for respondents Greenville County Board of Zoning Appeals and Peter Nomikos, Zoning Administrator.

PER CURIAM:

Petitioner's original appeal in this case was from an order of the Greenville County Board of Zoning Appeals. The appeal to the circuit court was dismissed for failure to timely file and serve the Notice of Appeal. Petitioner then filed a motion for relief from judgment under Rule 60(b)(1), SCRCP.

The circuit court denied petitioner's Rule 60(b)(1) motion in which petitioner argued it did not timely file the Notice of Appeal through excusable neglect...

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