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CITIZENS COMMITTEE FOR JOHN'S ISLAND v. OFFICE OF SECRETARY OF S.C.

22642

290 S.C. 465 (1986)

351 S.E.2d 342

CITIZENS COMMITTEE FOR JOHN'S ISLAND; and Henry Minshew and Andrew Jackson, Individually, and as Chairman and Vice Chairman of said Committee; and all Elector and Freeholder Signatories/Petitioners below, Appellants v. THE OFFICE OF THE SECRETARY OF SOUTH CAROLINA and John T. Campbell, in his capacity as Secretary of State of South Carolina, Respondents, and The City of Charleston, Intervenor-Respondent.

Supreme Court of South Carolina.

Decided December 15, 1986.

Attorney(s) appearing for the Case

Craig K. Davis, of Davis & Lavender; and John J. Fantry, Jr., Columbia, for appellants.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Treva G. Ashworth and Charles W. Gambrell, Jr., Columbia, for respondents.

William B. Regan, of Regan & Williams; and Frances I. Cantwell, Charleston, for intervenor-respondent.

Heard Nov. 18, 1986.

Decided Dec. 15, 1986.

CHANDLER, Justice:

This action involves the interpretation of S.C. Code Ann. § 5-1-30 (1976), which defines the rights of a community to incorporate as a municipality. The Circuit Court held that under its terms, territory within five miles of an existing incorporated municipality may not incorporate independently unless the electorate of the municipality has refused to annex the area.

We affirm...

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