WEAVER v. RECREATION DISTRICT

No. 24696.

328 S.C. 83 (1997)

492 S.E.2d 79

Don WEAVER and Richland County Council, Plaintiffs, of whom Richland County Council is Appellant/Respondent, v. RECREATION DISTRICT, Recreation Commission of Richland County, Harry Huntley, as Auditor of Richland County, Cornelia Paskey, as Treasurer of Richland County, Defendants, of whom Recreation District, Recreation Commission of Richland County is Respondent/Appellant.

Supreme Court of South Carolina.

Decided October 13, 1997.


Attorney(s) appearing for the Case

Dwight F. Drake, John E. Schmidt, III and Melissa J. Copeland, all of Nelson, Mullins, Riley & Scarborough, Columbia, and Larry C. Smith of the Richland County Attorney's Office, for appellant/respondent.

John S. Taylor, Jr. and David W. Robinson, II, both of Robinson, McFadden & Moore, Columbia, for respondent/appellant.


WALLER, Justice:

This case involves the constitutionality of Act No. 317, 1969 Acts 382, the act which created the Richland County Recreation Commission (Recreation Commission or District). The circuit court upheld the constitutionality of the act. We reverse.

FACTS

Act No. 317 authorizes the Recreation Commission, in pertinent part:

[t]o levy upon all the taxable property in the District a tax of...

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