Legal Opinion

Thomas v. Cooper River Park

Supreme Court of South Carolina

Decided May 20, 1996No. 24430PublishedCited by 19 opinions

1Opinion of the Court

Moore, Justice:

This is a declaratory judgment action. The trial judge found unconstitutional legislation requiring appellant St. Andrew’s Public Service District (District) to submit its budget to the county’s legislative delegation for approval. He than substituted respondent County Council in place of the legislative delegation to provide budgetary oversight of District. District appeals contending the trial judge should have severed the offending provision thereby permitting District to function without direct budgetary oversight. We agree and reverse.

FACTS

Respondents commenced this action…

2Cases cited5 opinions

  1. Thayer v. South Carolina Tax CommissionSupreme Court of South Carolina · 1992
  2. Gould v. BartonSupreme Court of South Carolina · 1971
  3. Gunter v. BlantonSupreme Court of South Carolina · 1972
  4. Aiken County Board of Education v. KnottsSupreme Court of South Carolina · 1980
  5. Tucker v. South Carolina Department of Highways & Public TransportationSupreme Court of South Carolina · 1992

3Cited by19 opinions

  1. Joytime Distributors & Amusement Co. v. StateSupreme Court of South Carolina · 1999
  2. Vander Linden v. HodgesCourt of Appeals for the Fourth Circuit · 1999
  3. Bellsouth Telecommunications, Inc. v. City of OrangeburgSupreme Court of South Carolina · 1999
  4. Ahrens v. StateSupreme Court of South Carolina · 2011
  5. Layman v. StateSupreme Court of South Carolina · 2006

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