HOSPITALITY ASS'N v. CTY. OF CHARLESTON

No. 24346.

464 S.E.2d 113 (1995)

HOSPITALITY ASSOCIATION OF SOUTH CAROLINA, INC., Thomas L. Sponseller, GHI, Inc. d/b/a Hampton Inn Airport, John Street Associates d/b/a Hampton Inn Historic District, SAFHI, Inc. d/b/a Hampton Inn Mt. Pleasant, Airport Properties, Inc. d/b/a Radisson Inn-Charleston Airport, and Red Roof Inn, Inc., Plaintiffs, v. The COUNTY OF CHARLESTON, a political subdivision of the State of South Carolina, Defendant. HOSPITALITY ASSOCIATION OF SOUTH CAROLINA, INC., Thomas L. Sponseller, Mariners Inn Owners Association d/b/a Hilton Head Island Hilton Resort, South Carolina Hyatt Corp. d/b/a Hyatt Regency Hilton Head, The Westin Resort, Inc. d/b/a Westin Resort of Hilton Head, and Holiday Inn BV d/b/a Crystal Sands Resort, Plaintiffs, v. The TOWN OF HILTON HEAD ISLAND, SOUTH CAROLINA, a municipality and body corporate and politic, Defendant. HOSPITALITY ASSOCIATION OF SOUTH CAROLINA, INC., Thomas L. Sponseller, CFC Food Management Corporation, Fast & French, Inc., The Oyster Factory, Inc., Crazy J's, Inc., Claire, Inc., Port City Foodservices, Inc., S.S.W.N.N. Corp., H.C.R. Enterprises, Inc., Old Munich, Inc., S & S Ole Towne, Inc., Cusch Carolina, Inc., Hyman's Seafood Co., Knoxville, Inc., J.R.C., Inc., Mistral, Ltd., Porta Via, Ltd., Mike Calder's Pub, Gennaro's, Inc., LaTasha's Taste of New Orleans, Inc., Plaintiffs, v. The CITY OF CHARLESTON, a municipality and body corporate and politic, Defendant.

Supreme Court of South Carolina.

Decided November 13, 1995.


Attorney(s) appearing for the Case

John M.S. Hoefer and B. Craig Collins, both of Willoughby & Hoefer, P.A., and Professor William Quirk, of the University of South Carolina School of Law, Columbia, for plaintiffs.

A. Arthur Rosenblum and Nancy B. Tecklenberg, Charleston, for defendant County of Charleston.

Curtis L. Coltrane, of Wilson & Coltrane, Hilton Head, for defendant Town of Hilton Head Island.

William B. Regan and Frances I. Cantwell, both of Regan & Cantwell, Charleston, for defendant City of Charleston.


CHANDLER, Chief Justice:

In these consolidated actions, plaintiffs challenge certain ordinances enacted by defendants County of Charleston (County), Town of Hilton Head Island (Town), and City of Charleston (City). For the reasons discussed below, we render judgment for defendants.

FACTS

County Ordinance

On November 16, 1993, County adopted an ordinance imposing a 2% fee on the gross proceeds from the rental of any accommodations...

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