Town of Hilton Head Island v. Coalition of Expressway Opponents

Harwell, Chief Justice:

We are presented with an issue of first impression in this State: whether a court may undertake a pre-election review of an ordinance initiated by registered voters, and alleged by the municipality to be facially defective. The master-in-equity held that pre-election review is proper. We affirm.

I. FACTS

The Select Oversight Committee of the Strategic Highway Plan for Improving Mobility and Safety Fund (SHIMS) 1 authorized financing for a proposed cross-island route traversing the Town of Hilton Head Island (Town). The South Carolina Department of Highways and Public…