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FOCUS ON BEAUFORT COUNTY v. BEAUFORT COUNTY

No. 24224.

456 S.E.2d 910 (1995)

FOCUS ON BEAUFORT COUNTY, a Non-Incorporated Association Acting on Behalf of CERTAIN REGISTERED VOTERS OF BEAUFORT COUNTY, Appellant, v. BEAUFORT COUNTY, A Political Subdivision of the State of South Carolina, Acting Through its legislative body, the COUNTY COUNCIL OF BEAUFORT COUNTY, Respondent.

Supreme Court of South Carolina.

Decided April 3, 1995.

Attorney(s) appearing for the Case

Thomas C. Davis, of Harvey & Battey, P.A., Beaufort; and G. Stephen Parker and Joshua R. Kenyon, Southeastern Legal Foundation, Atlanta, GA, for appellant.

Ladson F. Howell and Robert W. Achurch, III, of Howell, Gibson & Hughes, P.A., Beaufort, for respondent.

Robert E. Lyon, Jr. and Robert S. Croom, Columbiam for amicus S.C. Ass'n of Counties.

TOAL, Justice:

Appellants appeal the circuit court's order which finds their proposed spending limitation ordinance unlawful. We affirm.

FACTS

In 1991 Appellants circulated a petition to initiate a "Spending Limitation Ordinance" which would limit the rate of growth of Beaufort County spending to the rate of growth of county personal income. The proposed ordinance specifically states:

(A) ... Spending in any fiscal year shall not exceed...

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