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MARTIN v. CONDON

No. 24518.

478 S.E.2d 272 (1996)

Jimmy L. MARTIN, Sr., on behalf of himself and all others similarly situated, Appellant, v. Charles CONDON, in his official capacity as Attorney General of the State of South Carolina; Burnet R. Maybank, III, in his official capacity as Director of the Department of Revenue and Taxation of the State of South Carolina; The Department of Revenue and Taxation of the State of South Carolina; Barbara Ruth Morgan, in her official capacity as Second Circuit Solicitor and on behalf of all solicitors similarly situated; and Howard Sellers, in his official capacity as Sheriff of Aiken County and on behalf of all law enforcement officers similarly situated, Respondents.

Supreme Court of South Carolina.

Decided November 4, 1996.

Rehearing Denied December 9, 1996.

Order Denying Rehearing December 9, 1996.

Attorney(s) appearing for the Case

Richard A. Harpootlian, Debra Y. Chapman, and James M. Griffin, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General Treva G. Ashworth, Senior Assistant Attorney General Nathan Kaminski, Jr., Assistant Deputy Attorney General Robert D. Cook, Assistant Attorney General Cameron B. Littlejohn, and Chief Counsel for Revenue Litigation Ronald W. Urban, Columbia, for respondents Condon, Maybank, Department of Revenue and Taxation, and Morgan.

Dennis M. Gmerek, Langley, for respondent Sellers.

MOORE, Justice:

This appeal is from an order finding the local option provisions of the Video Game Machines Act constitutional. We reverse.

FACTS

Appellant commenced this declaratory judgment action challenging the constitutionality of S.C.Code Ann. §§ 12-21-2806 and -2808 (Supp.1995) of the Video Game Machines Act. Section 12-21-2806 provides for a referendum vote held on a county-by-county basis to determine the legality of nonmachine...

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