FAIRWAY FORD INC. v. COUNTY OF GREENVILLE

No. 24496.

476 S.E.2d 490 (1996)

FAIRWAY FORD, INC., d/b/a Fairway Ford, BMS, Inc., d/b/a Breakaway Honda, Big "O" Dodge of Greenville, Inc., d/b/a Big "O" Dodge, Brockman Chrysler-Plymouth Inc., d/b/a Brockman Chrysler-Plymouth, Fairway Management Company, d/b/a Heritage Lincoln-Mercury, Century Auto Sales, Inc., d/b/a Century BMW/Saab, Sitton Buick Company, Inc. of Greenville, d/b/a Sitton Buick, Toyota of Greenville, Inc., Gore's Corvette World, Inc., Bruce Vehicle/Equipment Auction Services, Inc., d/b/a Gary Bruce's Greenville Auto Auction, Boyce Clardy, d/b/a Liberty Motors, Bill Regan, d/b/a Regan Auto Sales, D.B. Carter Used Cars Lot No. One, Inc., and D.B. Carter Used Cars Lot No. Three, Inc., for Themselves, for Motor Vehicle Dealers and Wholesalers in Greenville County and All Others Similarly Situated, Respondents, v. The COUNTY OF GREENVILLE, Robert W. Leach, Chairman of the Greenville County Council, Richard A. Ashmore, Rick Blackwell, George Bomar, C. Wade Cleveland, Bob Cook, Rev. E.D. Dixon, Richard Herdklotz, Bunk Johnson, James F. Patterson, Fletcher N. Smith, Jr. and Paul B. Wickensimer, As Members, of Greenville County Council, and William J. Estabrook, former Administrator for Greenville County, Appellants.

Supreme Court of South Carolina.

Decided September 23, 1996.


Attorney(s) appearing for the Case

Judith S. Burk, Greenville County Attorney, Greenville, for appellants.

Harvey G. Sanders, Jr. and H. Gibert Sanders, III, of Leatherwood Walker Todd & Mann, P.C., Greenville, for respondents.


FINNEY, Justice

Greenville County appeals an order holding its ordinance imposing a $200 per plate fee on all automobile dealer and wholesaler license tags unlawful as an improper uniform service charge, and as violative of equal protection. We affirm.

A local government may lawfully impose a uniform service charge1 if the charge meets these conditions: (1) it is imposed for a particular governmental service rather than for the...

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