FOOTHILLS BREWING v. CITY OF GREENVILLE

No. 26467.

377 S.C. 355 (2008)

660 S.E.2d 264

The FOOTHILLS BREWING CONCERN, INC., 4MB, Inc., Greenville Wings, Inc., Addy's, Inc., City Tavern, Inc., Greenville 0036, LLC, Euphoria, LLC, WTK, Inc., Drumcliff Abbey, Inc., and Club Management, LLC, Respondents. v. The CITY OF GREENVILLE, Appellant.

Supreme Court of South Carolina.

Decided March 31, 2008.

Rehearing Denied May 7, 2008.


Attorney(s) appearing for the Case

Ronald W. McKinney, of Greenville, for appellant.

Randall Scott Hiller, of Greenville, for respondent.


Justice WALLER.

In this direct appeal, the trial court ruled that a municipal ordinance banning smoking in bars and restaurants is preempted by State law and violates the State Constitution. The City of Greenville (the City) appeals from the trial court's order. We reverse.

FACTS

In 1987, the City was the first municipality in South Carolina to pass an ordinance regulating smoking in public places...

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