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CITY OF CHARLESTON v. GEICO

No. 24894.

334 S.C. 67 (1999)

512 S.E.2d 504

CITY OF CHARLESTON, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent. City of Charleston, Appellant, v. United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, and USAA Life Insurance Company, Respondents.

Supreme Court of South Carolina.

Decided February 8, 1999.

Rehearing Denied March 5, 1999.

Attorney(s) appearing for the Case

Robert G. Clawson, Jr. and Timothy A. Domin, both of Clawson & Staubes, LLC, of Charleston, for appellant.

W. Jefferson Leath, of Leath, Bouch, & Crawford; Stephen P. Groves and John Hamilton Smith, both of Young, Clement, Rivers & Tisdale; and Gedney M. Howe, III, of Gedney M. Howe, III, P.A., all of Charleston, for respondent GEICO.

G. Dana Sinkler and Andrea H. Duenas, both of Warren & Sinkler, of Charleston; and Stephen H. Orel and Lorna M. McKenzie, both of LeBeouf, Lamb, Greene & MacRae, of New York, for respondent USAA.

Roy D. Bates, and William P. Griggs, both of Columbia, for amicus curiae Municipal Association of South Carolina.

FINNEY, Chief Justice:

These consolidated cases involve a challenge by two national insurance companies (GEICO and USAA) to a business license Ordinance enacted by appellant City of Charleston (Charleston). The circuit court struck down the Ordinance as violative of the Commerce Clause,1 and Charleston appeals. We hold the Ordinance is exempt from Commerce Clause scrutiny because it was enacted pursuant to the State's delegation

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