Legal Opinion

Business License Opposition Committee v. Sumter County

Supreme Court of South Carolina

Decided April 8, 1991No. 23379PublishedCited by 3 opinions

1Opinion of the Court

Gregory, Chief Justice:

Appellants commenced this suit challenging the validity of a business license tax ordinance adopted by Sumter County Council. The trial judge dismissed the complaint for failure to state facts sufficient to constitute a cause of action under Rule 12(b)(6), SCRCP. We affirm in part and reverse in part.

Appellants’ complaint alleges the following facts. On June 27, 1989, County Council adopted a budget for fiscal year 1989-90.1 The budget provided for $300,000 in revenue from a business license tax. No ordinance imposing such a tax was enacted until six months later.…

2Cases cited3 opinions

  1. Parker v. Bates, TreasurerSupreme Court of South Carolina · 1949
  2. State Ex Rel. Edwards v. OsborneSupreme Court of South Carolina · 1940
  3. United States Fidelity & Guaranty Co. v. City of NewberrySupreme Court of South Carolina · 1969

3Cited by3 opinions

  1. Town of Hilton Head Island v. MorrisSupreme Court of South Carolina · 1997
  2. Freemantle v. PrestonSupreme Court of South Carolina · 2012
  3. Business License Opposition Committee v. Sumter CountySupreme Court of South Carolina · 1992

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