Pickens County v. Pickens County Water & Sewer Authority

Moore, Justice:

This appeal is from an order declaring 1973 Act No. 757 unconstitutional under the home rule mandate of Article VIII, § 7, of the South Carolina Constitution. We affirm.

FACTS

Respondents-appellants (County) commenced this declaratory judgment action seeking a ruling that 1973 Act No. 757 is unconstitutional. Act No. 757 created the “Pickens County Water and Sewer Authority” (WSA) and empowered it with the authority to provide water and sewer service countywide wherever such service was not provided by a municipality. Act No. 757 also repealed 1971 Act No. 240 which had created…