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DAVIS v. COUNTY OF GREENVILLE

No. 24042.

443 S.E.2d 383 (1994)

Ben DAVIS, C. Murray Garrett, R.C. Jones, J.L. Montgomery, Shirlee A. Rollins, W.D. Workman, III, Ralph Anderson and Charles G. Ballew, individually, and the City of Greenville, a municipal corporation, solely in its capacity as a taxpayer, Appellants, v. The COUNTY OF GREENVILLE, Mann Batson, Richard Ashmore, Jim Patterson, Dick Herdklotz, Robert Leach, Paul Wickensimer, Fletcher Smith, Wade Cleveland, E.D. Dixon, James Arrowwood, George Bomar, and W.B. Bennett, as members of the County Council of Greenville County; Hazel Truman as Treasurer of Greenville County; Debbie Adkins as Tax Assessor of Greenville County; Nathan Morgan as Tax Collector of Greenville County; and William J. Estabrook as County Administrator, Respondents.

Supreme Court of South Carolina.

Decided April 4, 1994.

Attorney(s) appearing for the Case

Ronald W. McKinney of Duggan, Reese, and McKinney, Greer; Stephen A. Kern; David W. Holmes of the Holmes Law Firm, Greenville; Melvin K. Younts and Rodney M. Brown both of Younts, Alford, Brown, and Goodson, Fountain Inn; and John P. Mann of the Mann Law Firm, Greenville, for appellants.

Robert G. Currin and Russell B. Shetterly both of Adams, Quackenbush, Herring, and Stuart, Columbia, and County Atty. Judith S. Burk, Greenville, for respondents.

HOWELL, Acting Associate Justice:

Appellants contend that the trial judge erred in holding that Greenville County (County) did not violate any statutory or constitutional provisions by taxing all county residents at a uniform rate while providing certain services in unincorporated areas only. We disagree and affirm.

I. Facts

On November 14, 1990, Appellants filed this action challenging the County's budgetary process of providing certain services...

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