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MCSHERRY v. SPARTANBURG COUNTY COUNCIL

No. 26258.

371 S.C. 586 (2007)

641 S.E.2d 431

Walter McSHERRY, individually and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Appellants, v. SPARTANBURG COUNTY COUNCIL, Chairman Jeffery A. Horton, Johnnye Code-Stewart, Steve Parker, David Britt, Rock Adams, Ken Huckaby, and Frank Nutt, Respondents.

Supreme Court of South Carolina.

Decided February 5, 2007.

Attorney(s) appearing for the Case

James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, of Greenville, for Appellants.

Edwin C. Haskell, III, of Spartanburg, for Respondents.

Chief Justice TOAL:

Walter McSherry and the South Carolina Public Interest Foundation (collectively "Appellants") appeal an order of the circuit court denying their request for declaratory relief and holding that Respondent, Spartanburg County Council ("Council"), properly enacted a $25.00 road maintenance fee ordinance. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

At a publicly advertised Council meeting...

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