Crow v. McAlpine

This action is brought by appellants as residents, electors and taxpayers of Marlboro County seeking declaratory relief from alleged unconstitutional portions of various Acts dealing with the Marlboro County Board of Education, (“the Board”). Additionally, appellant J. Steven Hinson seeks a refund of certain property taxes levied for use by the Board and paid by him under protest. The lower court upheld the constitutionality of the provisions in question. We affirm in part and reverse in part.

In resolving the questions presented, we are mindful of several principles of law which are…