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STONE v. TRAYNHAM

21807

278 S.C. 407 (1982)

297 S.E.2d 420

In Re John B. STONE, Jr., Hugo S. Sims, Jr., Amelia S. Roberts, Caroline H. Dubose, and Steve L. Wiker, constituting all of the members of the Board of Trustees of Orangeburg County School District No. 5, Fred C. Mack, Vernon Ott, Jr., Chapel Davis, Jr., John H. Bonnette, F.G.S. Everett, J.C. Nicholson, Jr., and James F. Walsh, constituting all of the members of the Orangeburg County Council, Coker N. Price, Orangeburg County Auditor, and J. Steve Summers, Orangeburg County Treasurer, Petitioners, v. William W. TRAYNHAM, Jr., Respondent.

Supreme Court of South Carolina.

November 9, 1982.

Attorney(s) appearing for the Case

Harris A. Marshall, C. Walker Limehouse, Orangeburg, and Huger Sinkler and Charlton deSaussure, Jr., of Sinkler, Gibbs & Simons, Charleston, for petitioners.

John F. Shuler of Bryant, Fanning & Yarborough, Orangeburg, for respondent.

November 9, 1982.

HARWELL, Justice:

Respondent's declaratory judgment action seeks to enjoin petitioners from implementing a county ordinance which sets forth the method of establishing the school tax millage. Respondent, a taxpayer of Orangeburg County School District Number 5, alleges that the members of the Orangeburg County Council were without authority to pass the ordinance thereby rendering the ordinance unconstitutional. Petitioners are the members...

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