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BUSINESS LICENSE OPP. COM. v. SUMTER COUNTY

23379

304 S.C. 232 (1991)

403 S.E.2d 638

BUSINESS LICENSE OPPOSITION COMMITTEE; The Rental Center, Inc.; Town and Country Mobile Home Sales of Sumter, Inc.; Ronald D'Anella; Harkins Moving and Storage Inc.; Power-Clean Systems, Inc., Appellants v. SUMTER COUNTY, a body politic and corporate; Ruben L. Gray, Joseph B. Davis, Jr., Edgar M. Everett, Charles E. Fienning, Lewis Fleming, Turner A. Green, and Reverend O.S. Scott, Sr., in their official capacities as members of Sumter County Council; Margaret K. Davis and W. Avery Frick, in their official capacities as Treasurer and Acting County Administrator respectively, Respondents.

Supreme Court of South Carolina.

Decided April 8, 1991.

Attorney(s) appearing for the Case

Belton T. Zeigler of Lewis, Babcock, Pleicones & Hawkins, Columbia, for appellants.

Henry B. Richardson, Sumter and Roy D. Bates, Columbia, for respondents.

Heard Feb. 20, 1991.

Decided April 8, 1991.

GREGORY, Chief Justice:

Appellants commenced this suit challenging the validity of a business license tax ordinance adopted by Sumter County Council. The trial judge dismissed the complaint for failure to state facts sufficient to constitute a cause of action under Rule 12(b)(6), SCRCP. We affirm in part and reverse in part.

Appellants' complaint alleges the following facts. On June 27, 1989, County...

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