Van Fore v. Cooke

This is a declaratory judgment action to determine the validity of Acts No. R760 and No. R834 of 1978 which provide for the election of members of the Horry County Council. The trial court upheld the constitutionality of the acts. We reverse, concluding they are unconstitutional as special legislation.

In August, 1975, Horry County voters selected the council-administrator form of government and expressed a preference for election of council members at large. In 1976, the general assembly enacted Act No. 845, providing for the election of eight council members and a chairman. Candidates were…