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STATE EX REL. CONDON v. CITY OF CHARLESTON

No. 24900.

334 S.C. 246 (1999)

513 S.E.2d 97

STATE of South Carolina, ex rel. Charles M. CONDON, in his official capacity as South Carolina Attorney General, Appellant, v. The CITY OF CHARLESTON and Charleston County, Respondents.

Supreme Court of South Carolina.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Assistant Attorneys General Reginald I. Lloyd and Christie Newman Barrett, all of Columbia, for appellant.

William B. Regan; and Carl W. Stent, both of Charleston, for respondents.

TOAL, Acting Chief Justice:

This declaratory judgment action asks whether the City of Charleston (Charleston) is authorized to impose a stormwater utility fee on state owned or managed property under the Stormwater Management Act, S.C.Code Ann. §§ 48-14-10 et seq. (Supp.1998) (The Act). The circuit court held the fee was proper, and the State appeals. We affirm.

The Act is primarily concerned with regulating "land-disturbing activities," and...

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