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TOWNSEND v. CITY OF DILLON

No. 24624.

326 S.C. 244 (1997)

486 S.E.2d 95

Floyd TOWNSEND, Nancy McLaurin, and Elise Cain, Appellants, v. The CITY OF DILLON, A Municipal Corporation, and L. Carl Huggins, Jr., Kenneth H. Stephens, J. Phillip Wallace, Ja-novice G. Richardson, Marie Altman, and Randolph S. Gurley, all in their official capacities as Dillon City Council members, and E. Craig Stephens, in his official capacity as Mayor of the City of Dillon, James D. Corl, III, in his official capacity as City Manager, and the County of Dillon, South Carolina, Respondents.

Supreme Court of South Carolina.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Daniel Holt Shine and Lois Eargle McMillan, of Law Offices of Daniel H. Shine, Dillon, for appellants.

John D. McInnis, Jr., Dillon, for Respondents City of Dillon, L. Carl Huggins, Jr., Kenneth H. Stephens, J. Phillip Wallace, Ja-novice G. Richardson, Marie Altman, Randolph S. Gurley, E. Craig Stephens, James D. Corl, III.

Charles Curry, Dillon, for Respondent The County of Dillon.

BURNETT, Justice:

Appellants (Citizens) challenge the constitutionality of City of Dillon's Ordinance 95-15 which effectively repealed Ordinance 91-35. Citizens argue because Ordinance 91-35 had been proposed by voter initiative, Respondent (the City Council) was required to obtain voter approval to repeal the ordinance. The trial court upheld the constitutionality of Ordinance 95-15. We affirm.

FACTS

In June 1991, Citizens and other registered...

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