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EX PARTE GEORGETOWN WATER & SEWER DIST.

22255

284 S.C. 466 (1985)

327 S.E.2d 654

Ex Parte GEORGETOWN COUNTY WATER AND SEWER DISTRICT, Petitioner. In re Arthur M. FLOWERS, Jr., W.D. Alexander, Patricia O. Zack, John E. Brooks, and Abie Ladson, individually and representing the taxpayers and customers within the service area of Georgetown County Water and Sewer District and comprising the Georgetown Water and Sewer District; and Georgetown County Water and Sewer District, a body politic and corporate, Plaintiffs, v. W. Sherwyn JACOBS, W.T. Bellune, William R. Green, Sr., Herman R. Brown and Dorine Tiller, constituting the Commissioners of Election of Georgetown County; A.B. Schooler, H.E. Hemingway, Kenneth W. Thornton, Jr., Hughey Walker, and Philip Gregory Smith, constituting the members of Georgetown County Council; L.H. Siau, Jr., as the Auditor of Georgetown County; Charles W. Lawrimore, as the Treasurer of Georgetown County; William W. Doar, Jr., T. Dewey Wise, W. Paul Cantrell, Arthur Ravenel, Jr., Glenn F. McConnell, John J. Snow, Jr., and R.L. Altman, constituting the Legislative Delegation of Georgetown County, Defendants.

Supreme Court of South Carolina.

Decided March 11, 1985.

Attorney(s) appearing for the Case

Theodore B. Guerard of McKay & Guerard, Charleston, and John Paul Trouche, Columbia, for petitioner and plaintiffs.

Senior Asst. Atty. Gen. Treva G. Ashworth, and Asst. Atty. Gen. Charles W. Gambrell, Columbia, for defendant Legislative Delegation.

Karen LeCraft Henderson of Sinkler, Gibbs & Simons, Columbia, and Hill, Wyatt & Bannister, Greenville, Amicus Curiae, for S.C. Ass'n. of Special Purpose Districts and James Island Public Service Dist.

Heard Jan. 21, 1985.

Decided March 11, 1985.

Per curiam:

The Georgetown County Water and Sewer District invoked the original jurisdiction of this Court seeking a declaration of the constitutionality of § 70, Part II of Act No. 512 of the General Appropriations Act of 1984. We hold § 70 violates Article III, § 17 of the South Carolina Constitution.

Georgetown County Water and Sewer District is a special purpose district...

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