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BYRD v. COUNTY OF FLORENCE

22082

281 S.C. 402 (1984)

315 S.E.2d 804

C. Carter BYRD, Wills Randall Hanna, Mary Alma Langston, individually and on behalf of all other persons similarly situated, Appellants, v. COUNTY OF FLORENCE, South Carolina, a body politic and corporate; Herbert G. Ham, Lenwood O. Lamb, Raymond L. Poston, Vandroth Backus, J. Theodore Vause, Jr., Allard C. Allen, James Harwell, Jerry M. Keith, and John J. Powers, Jr., as Chairman, Vice-Chairman and members of the County Council of Florence County; Joann Welch, as Clerk of Council for County Council of Florence County; Miller L. Love, as County Administrator for Florence County; Karl Gene Smith, as County Treasurer for Florence County; and L.R. Waddell, as County Auditor for Florence County; Allen Lewis, Stewart Heath, W.R. Beddingfield, Andrew J. Kinder, Eralphia Edwards, Joe King, C.J. Turner, Marion Swink, Russell Culberson, as Chairman, Vice-Chairman and members of the Florence County Industrial Development Commission; Gary E. McLaren, as Executive Director of the Florence County Industrial Development Commission, Respondents.

Supreme Court of South Carolina.

April 10, 1984.

Attorney(s) appearing for the Case

Bridges, Bridges & Orr, Florence, for appellants.

McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, and Hyman, Morgan, Brown, Jeffords, Rushton & Fallon, Florence, for respondents.

April 10, 1984.

LITTLEJOHN, Justice:

Plaintiffs-Appellants, Byrd, Hanna, and Langston, challenge the constitutionality of Florence County Ordinance No. 14-82-83, which authorizes the issuance of general obligation bonds for the acquisition and development of an industrial park. The trial court upheld the constitutionality of this ordinance. We disagree and reverse.

By the passage of this ordinance, County...

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