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GRAHAM v. CREEL

22582

289 S.C. 165 (1986)

345 S.E.2d 717

Eugene B. GRAHAM, Respondent v. Paul CREEL, Chairman, Ulysses Dewitt, James Frazier, Lloyd Wright, Robert Gary Steele, David Canty, Robert F. Edge, Jr., Paul Prince, W.G. Hucks, Jr., Dewey Alton Duncan, William F. Brown, as members of the Horry County Council; M.L. Love, as Administrator of Horry County, and Gordon Harris, as Chief of Horry County Police, Appellants.

Supreme Court of South Carolina.

Decided June 23, 1986.

Attorney(s) appearing for the Case

John P. Henry, of Henry & Gwin, Conway; and Theodore B. Guerard, of McKay & Guerard, Columbia, for appellants.

James P. Stevens, Sr., and Kaye Gorenflo Hearn, of Stevens, Stevens, Thomas, Hearn & Hearn, Loris, for respondent.

Heard May 5, 1986.

Decided June 23, 1986.

HARWELL, Justice:

The lower court concluded that an ordinance passed by the Horry County Council was violative of the Home Rule Act and therefore granted respondent's motion for summary judgment. We reverse.

The Horry County Police Commission was created by the General Assembly in 1959. See § 53-551 S.C. Code Ann. (1962). Article VIII, § 7 of the South Carolina Constitution, which was...

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