Legal Opinion · Dissent

Davis v. Richland County Council

Supreme Court of South Carolina

Decided March 12, 2007No. 26289Published

1DissentChief Justice Toal

I respectfully dissent for the same reasons that I dissented in Hamm v. Cromer, 305 S.C. 305, 309-10, 408 S.E.2d 227, 229-30 (1991). In my opinion, the majority continues to ignore the essential purpose and intent of the constitutional provisions enacted to aid in “home rule.” See S.C. Constitution, Art. VIII, §§ 1 and 7 (significantly diminishing the power of the legislature to continuously engage itself in matters of local government).

Act No. 207 devolves the authority of the Richland County Legislative Delegation to recommend the appointment of the members of the Richland County Recreation…

2Cases cited3 opinions

  1. Duncan v. County of YorkSupreme Court of South Carolina · 1976
  2. Horry County v. CookeSupreme Court of South Carolina · 1980
  3. Hamm v. CromerSupreme Court of South Carolina · 1991

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API