HENRY v. HORRY COUNTY

No. 24911.

334 S.C. 461 (1999)

514 S.E.2d 122

John T. HENRY, Jr., Appellant, v. HORRY COUNTY, a Body Politic; Linda Angus, as Horry County Administrator; A. Joseph McNutt, Jr., as Chairman of the Horry County Council; Ray Skidmore, Jr., John Kost, Ray Brown, Chandler Brigham, Chandler C. Prosser, Terry Chambers, James R. Frazier, Liz Gilland, Ulysses DeWitt, Johnny Shelly and Janice G. Jordan, as Members of the Horry County Council; and Ralph Vaught, as Director of the Horry County Detention Center, Respondents.

Supreme Court of South Carolina.

Decided March 1, 1999.


Attorney(s) appearing for the Case

James P. Stevens, Jr., of Stevens Law Firm, P.C., of Loris, for appellant.

Frances I. Cantwell and William B. Regan, of Regan and Cantwell, of Charleston, for respondents.

Joseph M. McCulloch, Jr., of Columbia, for respondents.

Stephanie P. McDonald and Sandra J. Senn, of Charleston, for Amicus Curiae.


TOAL, Justice:

This case is an appeal from an order denying custody of the Horry County Jail to the Horry County Sheriff. We find the Acts in question were unconstitutional when passed as special legislation because they were in direct conflict with the general law previously established in the state.

FACTUAL/PROCEDURAL BACKGROUND

Horry County has two law enforcement agencies: the Horry County Sheriff and the Horry County Police Department. The Horry...

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