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CABINESS v. TOWN OF JAMES ISLAND

No. 26989.

393 S.C. 176 (2011)

712 S.E.2d 416

Laura CABINESS, John Langley, Robin Bellah, Mary Mason and The City of Charleston, a Municipal Corporation, Appellants, v. TOWN OF JAMES ISLAND, Mary Clark as Mayor, and the James Island Alliance for Self Government, Respondents.

Supreme Court of South Carolina.

Decided June 20, 2011.

Rehearing Denied July 21, 2011.

Attorney(s) appearing for the Case

Adelaide S. Andrews and Susan J. Herdina , of Charleston, Charlton DeSaussure, Jr. , of Haynsworth Sinkler Boyd, P.A., of Charleston, Frances I. Cantwell , of Regan & Cantwell, of Charleston, and Timothy A. Domin , of Clawson & Staubes, LLC, of Charleston, for Appellants.

Bonum S. Wilson, IV , of Wilson and Heyward, LLC, of James Island, and Trent M. Kernodle and David A. Root , of Kernodle, Root & Coleman, of James Island, for Respondents.

Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr. , of Columbia, Office of the Attorney General, for Amicus Curiae.

Justice HEARN:

This appeal is the culmination of the Town of James Island's (Town) third attempt to incorporate into its own municipal body. The two previous attempts were invalidated by this Court in Glaze v. Grooms, 324 S.C. 249, 478 S.E.2d 841 (1996), and Kizer v. Clark, 360 S.C. 86, 600 S.E.2d 529 (2004). While our...

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