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DOUAN v. CHARLESTON COUNTY COUNCIL

No. 25707.

357 S.C. 601 (2003)

594 S.E.2d 261

W.J. DOUAN, Petitioner, v. CHARLESTON COUNTY COUNCIL and Charleston County Election Commission, Respondents. and Wallace B. Scarborough, as an individual South Carolina Representative, G. Robert George, Larry D. Shirley, Henry B. Fishburne, Jr., as individual City of Charleston Councilmen, Lawrence A. Carr, as an individual Town of Mount Pleasant Councilman, Mary G. Clark, individually as Mayor of the Town of James Island, Joe Qualey, Bill Wilder, Parris Williams, Bill Woolsey, as individual Town of James Island Councilmen, A.C. Mitchum, individually as a City of North Charleston Councilman, Eugene Platt, individually as a James Island Public Service District Commissioner, Bob Linville, individually as a City of Folly Beach Councilman, Ann G.H. Rounds, Jaroslaw Burbello, Warwick Jones, and Patricia Jones, as individual voters, Petitioners, v. Charleston County Election Commission, Respondent.

Supreme Court of South Carolina.

Decided August 25, 2003.

Rehearing Denied December 17, 2003.

Attorney(s) appearing for the Case

Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein, P.A., of Charleston, for Petitioner Douan; Trent M. Kernodle and Christine Companion Varnado, of Kernodle, Taylor & Root, of Charleston, for Petitioner Scarborough, et al.

Mikell Ross Scarborough, of Charleston, for Respondent Charleston County Election Commission.

Joseph Dawson, III, Bernard E. Ferrerra, Jr., and W. Kurt Taylor, of Charleston, for Respondent-Intervenor Charleston County Council.

Charlton deSaussure, Jr., John P. Linton, and Sarah P. Spruill, of Haynsworth Sinkler Boyd, P.A., of Charleston, for City of Charleston and CARTA, Amicus Curiae.

J. Brady Hair, of North Charleston, for City of North Charleston, Amicus Curiae.

R. Allen Young, of Mt. Pleasant, for Town of Mt. Pleasant, Amicus Curiae.

Chief Justice TOAL.

W.J. Douan et al. ("Petitioners") challenge the State Election Commission's decision to uphold the election results for the Sales and Use Tax Referendum ("Referendum") presented to voters during the 2002 general election in Charleston County.

FACTUAL/PROCEDURAL BACKGROUND

In 1995, the General Assembly enacted S.C.Code Ann. §§ 4-37-10 et seq. (Supp.2002) to provide counties with an optional method of financing transportation...

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