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BOTANY BAY MARINA, INC. v. TOWNSEND

22886

296 S.C. 330 (1988)

372 S.E.2d 584

BOTANY BAY MARINA, INC., Robert H. Faust and Thomas B. Henry, Jr., Appellants v. H. Evans TOWNSEND, et al., Respondents.

Supreme Court of South Carolina.

Decided July 11, 1988.

Attorney(s) appearing for the Case

Thomas Dewey Wise of Wise & Cole, P.A., Charleston, for appellants.

Harford W. Igleheart and Robertson H. Wendt of Igleheart & Wendt, and T. Allen Legare, Jr. of Legare, Hare & Smith, Charleston, for respondents.

Heard, February 3, 1988.

Decided July 11, 1988.

FINNEY, Justice:

Appellants Robert H. Faust and Thomas B. Henry, Jr., as officers and shareholders of Botany Bay Marina, Inc. (Botany Bay), appeal the ruling of Circuit Court Judge Walter J. Bristow, Jr., dismissing their interlocutory appeal and remanding the case to the Charleston County Board of Adjustment (Board of Adjustment) for a hearing on the merits. We reverse the trial court's decision.

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