Horry County v. Cooke

Harwell, Justice:

This action in the original jurisdiction of the court, was brought by Horry County under the Uniform Declaratory Judgment Act, § 15-53-10, et seq., S. C. Code Ann. (1976), to determine the constitutionality of Acts R308 §§ 2, 4 and R320 of the 1980 Acts of the South Carolina General Assembly which provide for the election of members of the Horry County Council.

In August 1975, pursuant to the then recently ratified home rule amendment to the South Carolina Constitution, Art. VIII, § 7 and the home rule enabling legislation set forth at §§ 14-3701, et seq., S. C. Code Ann.…