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MUNGO v. SHEDD

18454

247 S.C. 195 (1966)

146 S.E.2d 617

Mary M. MUNGO, a resident and taxpayer of that portion of Lexington County lying within School District No. 5 of Lexington and Richland Counties, the State of South Carolina, individually and representing all other persons similarly situate, and D.P. Bouknight, a resident and taxpayer of that portion of Richland County lying within School District No. 5 of Lexington and Richland Counties, the State of South Carolina, individually and representing all other persons similarly situate, Appellants, v. E.P. SHEDD, Chairman, David Simon, George Stoudemeyer, George D. Kilgore, Coy R. Amick, H.C. Shealy and M.O. Folk, constituting the Board of Trustees of School District No. 5 of Lexington and Richland Counties, the State of South Carolina, Respondents.

Supreme Court of South Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

George I. Alley, Esq., of Columbia, for Appellants.

Messrs. R. Milo Smith and T.H. Rawl, Jr., of Lexington, for Respondents.

February 4, 1966.

BRAILSFORD, Justice.

The parties agree that the following question fairly presents the controlling issue on this appeal:

"Where a school district lies in part in Richland County and in part in Lexington County and, by virtue of special constitutional amendments any school district in Richland County is permitted to incur bonded indebtedness up to an amount not in excess of 15% of the...

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