Legal Opinion

Casey v. Richland County Council

Supreme Court of South Carolina

Decided July 26, 1984No. 22146PublishedCited by 13 opinions

1Opinion of the Court

Peeples, Justice:

This is a Declaratory Judgment action involving Richland County’s Water and Sewer Ordinance 83HR and the implementing Resolution. The trial court held the Ordinance and Resolution invalid.

Appellant, Richland County, by the Ordinance would establish, operate and maintain a water and sewer system in the unincorporated area, specifically excluding the East Richland Public Service District.

John W. Casey, Respondent, asserts the surcharge imposed by the Resolution is a tax rather than an assessment which is prohibited by S. C. Code § 44-55-1410(A) and that both the Ordinance and…

2Cases cited6 opinions

  1. Mills Mill v. HawkinsSupreme Court of South Carolina · 1957
  2. State Ex Rel. Medlock v. South Carolina State Family Farm Development AuthoritySupreme Court of South Carolina · 1983
  3. University of South Carolina v. MehlmanSupreme Court of South Carolina · 1964
  4. Ward v. Town of DarlingtonSupreme Court of South Carolina · 1937
  5. Wright v. ProffittSupreme Court of South Carolina · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Town of Hilton Head Island v. Fine Liquors, Ltd.Supreme Court of South Carolina · 1990
  2. Robinson v. Richland County CouncilSupreme Court of South Carolina · 1987
  3. Brown v. County of HorrySupreme Court of South Carolina · 1992
  4. J.K. Construction, Inc. v. Western Carolina Regional Sewer AuthoritySupreme Court of South Carolina · 1999
  5. Richland County v. KaiserCourt of Appeals of South Carolina · 2002

8 more not listed; retrieve them via the Exa API.

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