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ELLIOTT v. RICHLAND COUNTY

No. 24666.

327 S.C. 175 (1997)

489 S.E.2d 195

Scott ELLIOTT, individually and as Chairman of the Richland County Republican Party, Appellant, v. RICHLAND COUNTY, Richland County Election Commission and the Richland County Democratic Party, Respondents.

Supreme Court of South Carolina.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Charles L.A. Terreni; John F. Hardaway; and Dalton Oldham, Columbia, for Appellant.

Danny C. Crowe, of Turner, Padget, Graham & Laney, Columbia, for Respondent Richland County Council; Larry Cornell Smith, Columbia, for Respondent Richland County Election Commission; and Joseph M. McCulloch, Jr., Columbia, for Respondent Richland County Democratic Party.

FINNEY, Chief Justice:

Appellant commenced this action to enjoin Richland County Council from implementing a reapportionment ordinance (Plan 3) and seeking a declaratory judgment declaring Plan 3 invalid pursuant to S.C.Code Ann. § 4-9-90 (1986 and Supp.1996). The circuit court held that Plan 3 did not violate state law and denied appellant's request for an injunction regarding the validity of the ordinance. Meanwhile, elections were held in 1994 pursuant to...

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