Legal Opinion
Kizer v. Clark
Supreme Court of South Carolina
Decided July 26, 2004No. 25846PublishedCited by 16 opinions
1Opinion of the CourtJustice Moore
Respondents (City) brought this action challenging the 2002 incorporation of the Town of James Island (Town). The trial court found that S.C.Code Ann. § 5-l-30(A)(4) (Supp.2003), by which Town established the contiguity necessary for incorporation, was unconstitutional as special legislation. We affirm.
FACTS
Section 5-1-30 sets forth the requirements for incorporation as follows:
*90§ 5-1-30. Prerequisites to issuance of corporate certificate to proposed municipality.
(A) Before issuing a corporate certifícate to a proposed municipality, the Secretary of State shall first determine:(1) that the…
2Cases cited12 opinions
- Timmons v. South Carolina Tricentennial CommissionSupreme Court of South Carolina · 1970
- Duke Power Co. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1985
- Thomas v. MacKlenSupreme Court of South Carolina · 1938
- Thompson v. South Carolina Commission on Alcohol & Drug AbuseSupreme Court of South Carolina · 1976
- Glaze v. GroomsSupreme Court of South Carolina · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cabiness v. Town of James IslandSupreme Court of South Carolina · 2011
- Charleston County School District v. HarrellSupreme Court of South Carolina · 2011
- Sonoco Products Co. v. South Carolina Department of RevenueSupreme Court of South Carolina · 2008
- Harleysville Mutual Insurance v. StateSupreme Court of South Carolina · 2012
- City of Charleston v. MasiSupreme Court of South Carolina · 2005
11 more not listed; retrieve them via the Exa API.