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KIZER v. CLARK

No. 25846.

360 S.C. 86 (2004)

600 S.E.2d 529

Robert B. KIZER, Laura Cabiness, and the City of Charleston, a Municipal Corporation, Respondents, v. Mary B. CLARK, William Wilder, Paul Hadley, III, Karen Bennett, Parris Williams, Leo Simonin and Gwendolyn Johnson, in their capacities as Commissioners of Election for the Proposed Town of James Island, Mary B. Clark, William Wilder, Parris Williams, W. William Woosley, and Joseph Qualey, in their capacities as the Mayor and Town Council of the Proposed Town of James Island, the Town of James Island, and James M. Miles, in his capacity as Secretary of State of the State of South Carolina, Defendants, Of whom Mary B. Clark, William Wilder, Paul Hadley, III, Karen Bennett, Parris Williams, Leo Simonin and Gwendolyn Johnson, in their capacities as Commissioners of Election for the Proposed Town of James Island and Mary B. Clark, William Wilder, Parris Williams, W. William Woosley, and Joseph Qualey, in their capacities as the Mayor and Town Council of the Proposed Town of James Island, and the Town of James Island, Appellants.

Supreme Court of South Carolina.

Decided July 26, 2004.

Attorney(s) appearing for the Case

A. Camden Lewis and Daryl G. Hawkins, of Lewis, Babcock & Hawkins, of Columbia; Trent M. Kernodle, David A. Root, Christine Companion Varnado, and Robert B. Varnado, all of Kernodle, Taylor & Root, of Charleston; and Michael M. Socha, of Charleston, for appellants.

Frances I. Cantwell and William B. Regan, of Regan and Cantwell, of Charleston; Susan J. Herdina, Assistant Corporation Counsel, of Charleston; Charlton DeSaussure, Jr., of Haynesworth Sinkler Boyd, P.A., of Charleston; and Timothy A. Domin, of Clawson & Staubes, of Charleston, for respondents Kizer, Cabiness, and City of Charleston. Harold W. Jacobs and Paul Dominick, of Nexsen Pruet Jacobs Pollard & Robinson, of Charleston, for defendant James M. Miles.

Attorney General Henry Dargan McMaster, Deputy Attorney General Treva G. Ashworth, and Assistant Deputy Attorney General J. Emory Smith, all of Columbia, for amicus curiae State of South Carolina.

Justice MOORE.

Respondents (City) brought this action challenging the 2002 incorporation of the Town of James Island (Town). The trial court found that S.C.Code Ann. § 5-1-30(A)(4) (Supp.2003), by which Town established the contiguity necessary for incorporation, was unconstitutional as special legislation. We affirm.

FACTS

Section 5-1-30 sets forth the requirements for incorporation as follows:

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