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EAGLE CONTAINER v. COUNTY OF NEWBERRY

No. 4037.

366 S.C. 611 (2005)

622 S.E.2d 733

EAGLE CONTAINER CO., LLC and Jeffrey D. Spotts, as Personal Representative of the Estate of Alfred D. Spotts, Respondents, v. COUNTY OF NEWBERRY, a political subdivision, and Susie Berry, in her capacity as Zoning Administrator of Newberry County, Appellants.

Court of Appeals of South Carolina.

Decided October 31, 2005.

Rehearing Denied December 15, 2005.

Attorney(s) appearing for the Case

Hardwick Stuart, Jr., of Columbia, for Appellants.

Thomas H. Pope, III, of Newberry, for Respondents.

B. Michael Brackett, of Columbia, for Amicus Curiae Citizens for Responsive Government, Inc.

ANDERSON, J.:

Newberry County appeals the trial court's order granting Eagle Container's summary judgment motion to reinstate Eagle Container's landfill permit based on the interpretation of an amending ordinance. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On December 5, 2001, the County of Newberry adopted the Newberry County Zoning Ordinance No. 12-24-01 ("Zoning Ordinance"). The Zoning Ordinance...

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