Legal Opinion

West End Development Co. v. Thomas

Supreme Court of South Carolina

Decided August 10, 1912No. 8292PublishedCited by 4 opinions

Before Frank B. Gary, J., Charleston, June term, 1912. Two actions (1) by West End Development Co. against John P. Thomas, the Mayor of the city, and the Commissioners of Colonial Common and Ashley River Embankment; (2) same plaintiff against W. J. O’Hagan and same defendants.

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Before Frank B. Gary, J., Charleston, June term, 1912. Two actions (1) by West End Development Co. against John P. Thomas, the Mayor of the city, and the Commissioners of Colonial Common and Ashley River Embankment; (2) same plaintiff against W. J. O’Hagan and same defendants. The defendants in both cases, John P. Thomas and W. J. O’Hagan, appeal. cite: The legislature has the power to annul any grant to a municipality: 2 McC. 355; 4 Wheat. 518. Effect of a consent decree: 2 Hill’s Ch. 53; 2 Rich. Eq. 328. The Court nor the city council could not repeal an act nor bind a succeeding council: 4…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

In 1909 the legislature of this State (acts 1909, page 341) enacted:

“Whereas, The city council of Charleston contemplates the extension and improvement of the water front of the said city by extending its sea wall from the southwest extremity of White Point Garden to a point known as 'Chisolm’s Mill,’ on the Ashley River, as defined upon a plat hereinafter mentioned, and the filling in of the lowlands lying between the said sea wall and the high lands of the said city, and the extension and construction of highways upon the lands so…

2Cited by4 opinions

  1. Ehrhardt v. City Council of CharlestonSupreme Court of South Carolina · 1949
  2. Brown v. Prudential Ins. Co. of AmericaSupreme Court of South Carolina · 1946
  3. State v. HardeeSupreme Court of South Carolina · 1972
  4. State v. HardeeSupreme Court of South Carolina · 1972

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