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VAN FORE v. COOKE

20953

273 S.C. 136 (1979)

255 S.E.2d 339

Ralph VAN FORE, and Nancy Johnson, individually and as representatives of the taxpayers of Horry County and as representatives of a class of registered electors of Horry County, South Carolina, who wish to determine by referendum in accordance with general law the form, number and composition of the County Council of Horry County, and any change therein, Appellants, v. Eunice COOKE, Ednee Guyer, Charlie Hardwick, and George Johnson as Members of the Horry County Election Commission, J. Archie Lee, as Chairman of the Horry County Democratic Party, Daniel J. Carrison, as Chairman of the Horry County Republican Party, Greg Smith, Jesse Spigner Carter, and U.D. Phipps, individually and as representatives of all prospective candidates in the proposed May 20, 1979 election, Respondents.

Supreme Court of South Carolina.

May 3, 1979.

Attorney(s) appearing for the Case

Guerard & Applegate, Charleston, for appellants.

Stevens, Stevens & Thomas, Myrtle Beach, for respondents Lee, Smith, Carter and Phipps.

William M. Bruner, North Myrtle Beach, for respondent Carrison.

Daniel R. McLeod, Atty. Gen. and Karen LeCraft Henderson, Senior Asst. Atty. Gen., Columbia, for respondents Cooke, Guyer, Hardwick and Johnson.

May 3, 1979.

Per Curiam:

This is a declaratory judgment action to determine the validity of Acts No. R760 and No. R834 of 1978 which provide for the election of members of the Horry County Council. The trial court upheld the constitutionality of the acts. We reverse, concluding they are unconstitutional as special legislation.

In August, 1975, Horry County voters selected the council-administrator form of government and expressed a preference...

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