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B & A DEVELOPMENT v. GEORGETOWN COUNTY

No. 26273.

372 S.C. 261 (2007)

641 S.E.2d 888

B & A DEVELOPMENT, INC.; Baker-Haynes, LLC; H & C Fishers, Inc.; Charles C. Smith; James P. Mayes, III; Barry C. Haynes; Rachelle H. Hayes; Samuel H. Baker; Jody J. Baker; Andrew D. Smith; G.D. Rogers; Mary G. Collins; Individually and as Class Representative for all those similarly situated, Petitioners, v. GEORGETOWN COUNTY, a Body Politic; Georgetown County Council; Georgetown County School District; Edna Earle Freeman in her capacity as Georgetown County Auditor; and Loretta D. Washington, in her capacity as Georgetown County Treasurer, Respondents.

Supreme Court of South Carolina.

Decided February 26, 2007.

Rehearing Denied March 22, 2007.

Attorney(s) appearing for the Case

Gene M. Connell, Jr., of Kelaher, Connell & Connor, of Surfside Beach, for Petitioners.

David J. Mills, of McNair Law Firm, of Georgetown; David T. Duff, of Duff Turner White & Boykin, of Columbia; and Thomas J. Rubillo, of Georgetown, for Respondents.

Justice WALLER:

The Court granted petitioners' request for a writ of certiorari to review the Court of Appeals' opinion in B & A Dev., Inc. v. Georgetown County, 361 S.C. 453, 605 S.E.2d 551 (Ct.App.2004). We affirm as modified.

FACTS

Petitioners are a group of individual and corporate taxpayers who filed suit in circuit court alleging that Georgetown County had unlawfully...

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