Henry v. Horry County

TOAL, Justice:

This case is an appeal from an order denying custody of the Horry County Jail to the Horry County Sheriff. We find the Acts in question were unconstitutional when passed as special legislation because they were in direct conflict with the general law previously established in the state.

Factual/Procedural Background

Horry County has two law enforcement agencies: the Horry County Sheriff and the Horry County Police Department. The Horry County Sheriff (“the Sheriff’) instituted a declaratory judgment action against Horry County, the officials of Horry County Council, the Horry…