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DAVIS v. RICHLAND COUNTY COUNCIL

No. 26289.

372 S.C. 497 (2007)

642 S.E.2d 740

James R. DAVIS, Stephen King, Walter Robbie Robinson, Hannah R. Timmons, and Danny Young, individually and as members of the Recreation Commission of Richland County, Appellants, v. The RICHLAND COUNTY COUNCIL as Governing Body of Richland County and Mark Sanford, as Governor of the State of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided March 12, 2007.

Attorney(s) appearing for the Case

Richard J. Breibart, of Lexington, for Appellants.

Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General J. Emory Smith, Jr., for Respondent Governor. Larry Cornell Smith, of Richland County Attorney's Office, M. Elizabeth Crum, Francenia B. Heizer, and Robert T. Bockman, all of McNair Law Firm, of Columbia, for Respondent Richland County Council.

Justice WALLER.

This is an appeal from the circuit court's denial of a temporary injunction to stay enforcement of Act No. 207, 2005 Acts 1961. At issue is the constitutionality of the Act, which altered the method of appointment of the members of the Richland County Recreation Commission (Commission). We hold Act No. 207 constitutes unconstitutional special legislation.

FACTS

The (Commission) was...

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