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BROWN v. HORRY COUNTY

23633

308 S.C. 180 (1992)

417 S.E.2d 565

John D. BROWN and Wilford Harrelson, for Themselves, for the People of Horry County and All Others Similarly Situated, Appellants v. The COUNTY OF HORRY; Laurie McLeod, Chairman of the Horry County Council; Ulysses DeWitt, Grayson Register, Dewey Kirkley, R. Gray Steel, John M. Urban, James R. Frazier, William F. Brown, W. Paul Prince, Johnny Shelley, Steve Dawsey and Robert Smith, Councilmen of the Horry County Council, and M.L. Love, Administrator, Respondents.

Supreme Court of South Carolina.

Decided April 13, 1992.

Attorney(s) appearing for the Case

Franklin R. DeWitt, Conway, for appellants.

John P. Henry of Thompson, Henry, Gwin, Brittain & Stevens, P.A., Conway, and Theodore B. Guerard of Haynsworth, Marion, McKay & Guerard, Charleston, for respondents.

Robert E. Lyon, Jr., and Robert S. Croom, Columbia, for South Carolina Ass'n of Counties, amicus curiae.

Heard Jan. 21, 1992.

Decided April 13, 1992.

MOORE, Justice:

This is an appeal from an order upholding a county ordinance which imposes a road maintenance fee on all motor vehicles registered in Horry County. The trial judge held that the fee was a valid uniform service charge authorized under S.C. Code Ann. § 4-9-30 (1986 & Supp. 1991). We affirm.

FACTS

Beginning in fiscal year 1985-86, and each year thereafter, the Horry...

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