Yarborough v. Parker

Ness, Justice:

This is an appeal from an order sustaining respondent Florence County Health Department’s demurrer to appellant Edward Parker’s cross-complaint. Parker claims the trial court erred in sustaining the demurrer on the basis of: (1) his failure to exhaust his administrative remedies; (2) lack of standing; and (3) sovereign immunity. We agree and reverse.

In April 1979, Parker sold Yarborough, the plaintiff in this action, a lot of land in Florence County, expressly warranting that the property met county health department standards governing the installation of septic tanks. After…