TOWN OF HILTON HEAD IS. v. COALITION OF EXPY OPP.

23599

307 S.C. 449 (1992)

415 S.E.2d 801

The TOWN OF HILTON HEAD ISLAND, South Carolina; Ben J. Racusin; Michael J. Malanick; Martha Baumberger; A.S. Carota; Tom Crews; Dana Connor; Robert B. Sullivan; Billy Bremer; Chester C. Williams; and David G. McNair, Jr., in their capacity as Freeholders and Taxpayers; Community Services Associates, Inc.; Association of Sea Pines Plantation Property Owners, Inc. and The Advisory Board, Respondents v. The COALITION OF EXPRESSWAY OPPONENTS, an unincorporated Association; Tom Walton and Carol Ann Bernier, for themselves and as Representatives of the Class of all other persons who are similarly situated, Appellants, and Joseph J. Rideoutte, Executive Director of the South Carolina Department of Highways and Public Transportation, Respondent.

Supreme Court of South Carolina.

Decided March 16, 1992.


Attorney(s) appearing for the Case

Edward E. Bullard, Hilton Head Island, for appellants.

Curtis L. Coltrane, of Wilson and Coltrane, P.A.; and Roberts Vaux, Hilton Head Island, for respondents The Town of Hilton Head Island, South Carolina, et al.

Victor S. Evans, of South Carolina Dept. of Highways and Public Transp., Columbia, for respondent Joseph J. Rideoutte.

Roy D. Bates, Columbia, for amicus curiae, Municipal Ass'n of South Carolina.


Heard Jan. 8, 1992.

Decided Mar. 16, 1992.

HARWELL, Chief Justice:

We are presented with an issue of first impression in this State: whether a court may undertake a pre-election review of an ordinance initiated by registered voters, and alleged by the municipality to be facially defective. The master-in-equity held that pre-election review is proper. We affirm.

I. FACTS

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