Legal Opinion

Owens v. SMITH

Supreme Court of South Carolina

Decided March 9, 1950No. 16325PublishedCited by 18 opinions

1Opinion of the Court

StukES, Justice.

There are two appeals and this decision will govern both. They embrace attacks upon the constitutionality of Acts Nos. 811 and 812 of 1948, 45 Stat. 1996, 2004, which undertook to authorize the commissioners of certain named “public Service District” of Charleston County to promulgate and enforce zoning regulations. The lower court held the acts invalid because of conflict with section 34 of Art. Ill, subsection 9, of the State Constitution of 1895, which prohibits the enactment by the legislature of a special law in cases where a general law can be made applicable. The…

2Cases cited14 opinions

  1. Gaud v. WalkerSupreme Court of South Carolina · 1949
  2. County of Fairfax v. ParkerSupreme Court of Virginia · 1947
  3. State v. HammondSupreme Court of South Carolina · 1903
  4. Shillito v. City of SpartanburgSupreme Court of South Carolina · 1948
  5. Carroll v. Town of YorkSupreme Court of South Carolina · 1918

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

3Cited by18 opinions

  1. Duke Power Co. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1985
  2. Mills Mill v. HawkinsSupreme Court of South Carolina · 1957
  3. Bob Jones University, Inc. v. City of GreenvilleSupreme Court of South Carolina · 1963
  4. Town of Forest Acres v. Town of Forest LakeSupreme Court of South Carolina · 1954
  5. Town of Hilton Head Island v. MorrisSupreme Court of South Carolina · 1997

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

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