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YEARGIN v. ANDERSON CNTY. COUNCIL

22883

295 S.C. 521 (1988)

369 S.E.2d 844

Ex parte James L. YEARGIN, individually and on behalf of others similarly situated, Respondent-Appellant. In re Oliver Jackson WICKER, individually and on behalf of others similarly situated, Respondent-Appellant v. ANDERSON COUNTY COUNCIL, the governing body of Anderson County, South Carolina, Daniel L. Rhodes, David L. Hooper, James M. Cox, Jr., Harold L. Beebe, and Robert L. Wiles, Members of the Anderson County Council; and J. David Watson, Administrator of Anderson County, South Carolina, Appellants-Respondents.

Supreme Court of South Carolina.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Michael F. Mullinax of Long, Thomason & Mullinax, Anderson, for appellants-respondents.

Harold P. Threlkeld and Michael D. Glenn, Anderson, for respondents-appellants.

Margaret C. Pope, Belton T. Zeigler, William L. Hirata, Columbia, Leo H. Hill of Hill, Wyatt & Bannister, Greenville, and Roy McBee Smith of Smith & Haskell, Spartanburg, amicus curiae, for S.C. Ass'n of Sp. Purpose Districts and S.C. Ass'n of Counties.

Heard May 3, 1988.

Decided June 27, 1988.

CHANDLER, Justice:

This is an appeal from an order upholding, except as applied to certain individuals, the tax imposed by a county ordinance creating a county-wide sewer system. We affirm in part and reverse in part.

FACTS

On December 7, 1982, Anderson County Council (Council) adopted enabling Ordinance No. 99, authorizing the creation and operation of a county-wide sewage system. See...

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