HOME BUILDERS ASS'N v. SCHOOL DISTRICT

No. 27315.

405 S.C. 458 (2013)

748 S.E.2d 230

The HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA and the Charleston-Trident Home Builders Association, Inc., Appellants, v. SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY and the Board of Trustees for Dorchester School District No. 2, Respondents.

Supreme Court of South Carolina.

Decided September 11, 2013.


Attorney(s) appearing for the Case

Frederick A. Gertz and Phong Thi Van Nguyen , both of Gertz & Moore, LLP, of Columbia, for Appellants.

Sarah Patrick Spruill , of Haynsworth Sinkler Boyd, PA, of Greenville, and Charlton De Saussure, Jr. of Haynsworth Sinkler Boyd, PA, of Charleston, for Respondents.


Justice PLEICONES.

This is an appeal from an order granting respondents' motion for a judgment on the pleadings under Rule 12(c), SCRCP, and dismissing appellants' complaint. Because we find issues of fact raised by the complaint that must be resolved before the constitutionality of 2009 Act No. 99(Act) can be determined, we reverse and remand for further proceedings.

The Act permits respondent School District to impose an impact fee to be paid by developers...

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