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THOMAS v. COOPER RIVER PARK

No. 24430.

471 S.E.2d 170 (1996)

W.O. THOMAS, Jr., Treasurer for the County of Charleston, Pauline S. Koger, Auditor for the County of Charleston, Lawrence E. Richter, Jr., Member of the South Carolina Senate, James Bailey, Stephen Gonzales, Harry Hallman, Ronald C. Fulmer, Roger M. Young, Members of the House of Representatives, and the County Council of the County of Charleston, Respondents, v. COOPER RIVER PARK and Playground Commission, James Island Public Service District, North Charleston District, St. Andrew's Parish Parks and Playground Commission, St. Andrew's Public Service District, St. John's Fire District, St. Paul's Fire District, Charleston County Park and Recreation Commission, and D.N. Holt, Jr., as Chairman of the Charleston County Delegation, House of Representatives, of whom St. Andrew's Public Service District is Appellant.

Supreme Court of South Carolina.

Decided May 20, 1996.

Attorney(s) appearing for the Case

Leo H. Hill and D. Garrison Hill, both of Hill, Wyatt, Bannister & Brown, Greenville, for appellant.

A. Arthur Rosenblum, Charleston, for respondents.

MOORE, Justice:

This is a declaratory judgment action. The trial judge found unconstitutional legislation requiring appellant St. Andrew's Public Service District (District) to submit its budget to the county's legislative delegation for approval. He then substituted respondent County Council in place of the legislative delegation to provide budgetary oversight of District. District appeals contending the trial judge should...

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