County of Lexington v. City of Columbia

Gregory, Chief Justice:

Respondent (County) commenced this action for declaratory judgment alleging appellant’s (City’s) annexation of property located in County was invalid. The property was annexed *301by 100% landowner petition pursuant to S.C. Code Ann. § 5-3-150(3) (1976). City moved to dismiss the complaint on the ground County lacked standing to bring the action. The trial judge denied the motion. We reverse.

Generally, a county has the power to sue and be sued as a political body. S.C. Code Ann. § 4-1-10 (1986). As a political subdivision of the State, however, it lacks the sovereignty to…