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EAGLE CONTAINER CO., LLC v. COUNTY OF NEWBERRY

No. 26538.

379 S.C. 564 (2008)

666 S.E.2d 892

EAGLE CONTAINER CO., LLC, and Jeffrey 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, Petitioners.

Supreme Court of South Carolina.

Decided September 2, 2008.

Attorney(s) appearing for the Case

George Robert DeLoach, III, of Merritt, Flebotte, Wilson, Webb & Caruso, of Columbia; and Hardwick Stuart, Jr., of Berry Quackenbush & Stuart, of Columbia, for Petitioner.

Thomas H. Pope, III, of Pope and Hudgens, of Newberry, for Respondent.

Robert E. Lyon, Jr., and M. Clifton Scott, of Columbia, for Amicus Curiae South Carolina Association of Counties.

Acting Justice KITTREDGE:

We granted a writ of certiorari to review the court of appeals' opinion in Eagle Container Co. v. County of Newberry, 366 S.C. 611, 622 S.E.2d 733 (Ct.App.2005). We are called upon to construe the effect of an amendment to the Newberry County Zoning Ordinance. The Newberry County Council amended the county zoning ordinance on December 11, 2002 by adding a single word...

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