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BALLENGER v. CITY OF WELLFORD

22097

281 S.C. 448 (1984)

316 S.E.2d 371

Orthella BALLENGER and Gerald Ballenger, Respondents, v. The CITY OF WELLFORD, Hubert Odom, as Mayor of the City of Wellford, Forest Putnam, Sally Peake, Marvin Godfrey, and Eddie Trammel, as City Councilmen for the City of Wellford, and Joseph E. Hines, Jr., L. Paul Barnes and John W. Anderson, as members of the Spartanburg County Election Commission, of whom the City of Wellford, Hubert Odom, as Mayor of the City of Wellford, Forest Putnam, Sally Peake, Marvin Godfrey, and Eddie Trammel, as City Councilmen for the City of Wellford are Appellants. Appeal of CITY OF WELLFORD.

Supreme Court of South Carolina.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Michael E. Spears. of Swofford, Poliakoff & Spears, Spartanburg, for appellants.

Donald B. Wildman and A. Foster Chapman, both of Johnson, Smith & Hibbard, Spartanburg, for respondents.

Submitted February 21, 1984.

Decided May 8, 1984.

LEWIS, Chief Justice:

The question in this appeal is whether the failure to provide a separate ballot box within the territory proposed to be annexed, as required by Section 5-3-70, South Carolina Code of Laws, 1976, invalidates an election held to annex an adjacent area to the City of Wellford, in Spartanburg County. The trial court held that the failure to...

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