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PICKENS COUNTY. v. PICKENS CTY. WATER & SEWER

No. 23981.

439 S.E.2d 840 (1994)

PICKENS COUNTY, South Carolina, and Joseph C. Ellers, J.C. Hayes, Samuel E. Calloway, Robert R. Nash, G. Neil Smith, and Mac Welborn, in their official capacity as members of the County Council of Pickens County, South Carolina, Respondents/Appellants, v. PICKENS COUNTY WATER AND SEER AUTHORITY, and Boone Crisp, James T. Lollis, Jr., Guy A. Waldrop, Jeffrey Wayne Kelley, and Henry E. McKinney, in their official capacity as members of the Pickens County Water and Sewer Authority, Appellants/Respondents.

Supreme Court of South Carolina.

Decided January 10, 1994.

Attorney(s) appearing for the Case

Theodore B. DuBose, of Sinkler & Boyd, P.A., Columbia, for appellants/respondents.

G. Edward Welmaker, of Acker, Welmaker & Johnson, Pickens, for respondents/appellants.

MOORE, Justice.

This appeal is from an order declaring 1973 Act No. 757 unconstitutional under the home rule mandate of Article VIII, § 7, of the South Carolina Constitution. We affirm.

FACTS

Respondents-appellants (County) commenced this declaratory judgment action seeking a ruling that 1973 Act No. 757 is unconstitutional. Act No. 757 created the "Pickens County Water and Sewer Authority" (WSA) and empowered it with the authority to...

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