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CITY OF MYRTLE BEACH v. RICHARDSON

22034

280 S.C. 167 (1984)

311 S.E.2d 922

The CITY OF MYRTLE BEACH; The City of North Myrtle Beach; The City of Surfside; as bodies politic and representing a class of citizens and taxpayers of Horry County, South Carolina, Appellants, v. Julian RICHARDSON, Bob Childs, Dick Elliott, Lacy Hucks, W.G. Hucks, Jr., Jimmy Johnson, Ernest Johnson, Jr., Arthur Marlow, and Braxton Watson, as Members of Horry County Council, Respondents. Cheffo JOLLY, W. Daily Strickland, Harold R. Elvington, Carl Elliott, James E. Hayes, Robert B. Battle, A.L. Causey, Rafe Grainger, Arthur Hayes, W. E. Grantham, Eugene Strickland, Ollie Strickland, Ellis Hammond, Edward F. Hammond, Gene A. Hammond, Anderson Hammond, taxpayers of Horry County, South Carolina, Appellants, v. Julian RICHARDSON, Bob Childs, Dick Elliott, Lacy Hucks, W.G. Hucks, Jr., Jimmy Johnson, Ernest Johnson, Jr., Arthur Marlow, and Braxton Watson, as Members of Horry County Council, Respondents.

Supreme Court of South Carolina.

January 19, 1984.

Attorney(s) appearing for the Case

James B. Van Osdell, of Van Osdell, Lester, Stewart & McCutchen, Myrtle Beach, for appellants.

John P. Henry, of Thompson, Henry & Lovelace, Conway, for respondents.

Jan. 19, 1984.

LEWIS, Chief Justice:

In March 1979, Horry County Council adopted a resolution establishing a fire protection system under the terms of Sections 4-19-10 and 4-19-20, Code of Laws of South Carolina, 1976 (originally adopted as 1974 Act No. 1167, effective July 9, 1974). Thereafter, two actions were commenced to contest the validity of this Act. The first case was brought by the cities of Myrtle Beach, North Myrtle Beach and Surfside as plaintiffs...

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