Harden v. South Carolina State Highway Department

I dissent from the majority opinion. I feel Martin v. Ellisor, 264 S. C. 202, 213 S. E. (2d) 732 (1975), is factually and legally distinguishable, and does not control the disposition of this appeal. The instant case involved acts within Richland County and the injunction issued by the trial judge was not general in application but restricted to Harden only. The pertinent part of the order states:

“It is ordered, that the Defendants [appellants] are permanently enjoined from conducting such a hearing with regard to the Plaintiff’s [Harden] alleged refusal to take the chemical test on January…