Fairway Ford, Inc. v. Timmons

Littlejohn, Justice:

The plaintiffs-respondents are nonresident owners of commercial property in a 102-acre tract of land in Greenville County adjoining the City of Greenville. They brought this action against the Greenville County Election Commission and against the City of Greenville asking the court to declare the annexation of their land invalid. A portion of the statute under which the annexation vote was held is unconstitutional. The trial judge held that the remainder of the statute under which the annexation was attempted was not severable. Accordingly, the judge invalidated the…