Sojourner v. Town of St. George

I respectfully dissent. Assuming that S.C.Code § 5-31-640 fails to meet constitutional muster and must be struck down in its entirety,3 I would uphold § 5-31-620 and its election *180requirement. This election provision not only requires an election before a municipality may sell, convey, or dispose of a sewer system but also before such a system can be constructed or purchased. As such, it effectuates the requirement found in S.C. Const, art. VIII, § 16, titled “Acquisition and operation of public utility systems,” of a majority vote of the electors in a political subdivision before a…