BRICKYARD HOLDINGS, INC. v. BEAUFORT COUNTY

C.A. No. 9:07-2538-PMD.

586 F.Supp.2d 409 (2007)

BRICKYARD HOLDINGS, INC., Plaintiff, v. BEAUFORT COUNTY and Hillary A. Austin, Zoning Administrator, Defendants.

United States District Court, D. South Carolina, Beaufort Division.

December 27, 2007.


Attorney(s) appearing for the Case

Ellison Durant Smith, IV, Smith Bundy Bybee and Barnett, Mt. Pleasant, SC, for Plaintiff.

Mary Bass Lohr, Robert W. Achurch, III, Howell Gibson and Hughes, Beaufort, SC, for Defendants.


ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court on Defendants' Motion to Dismiss the action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Defendants assert that this court does not have subject matter jurisdiction to hear the claims, and that even if the court does have such jurisdiction, Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff disputes both claims, and asserts that...

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