Eargle v. Horry County

I concur in Parts I and III of the majority opinion, but disagree with Part II of the opinion. Therefore, Part I of my prior opinion in this case, Eargle v. Horry County, Op. No. 2880 (filed August 17, 1998) (Davis Adv. Sh. No. 29), with minor modifications, is published as my dissent.

The Home Rule Act, codified at S.C.Code Ann. §§ 4-9-10 through -1230 (1986 & Supp.1998), was enacted to comply with the mandate of Article VIII, § 7 of the South Carolina Constitution, which requires the General Assembly to provide for the structure and organization of not more than five alternative forms of…