Fairway Ford, Inc. v. County of Greenville
Fairway Ford, Inc. v. County of Greenville
Opinion of the Court
Greenville County appeals an order holding its ordinance imposing a $200 per plate fee on all automobile dealer and wholesaler license tags unlawful as an improper uniform service charge, and as violative of equal protection. We affirm.
In keeping with our firm policy of declining to reach constitutional issues unnecessary to the resolution of the case before us, we do not address the circuit court’s alternative ruling that the ordinance’s fee scheme violated equal protection. Sanders v. Anderson County, 195 S.C. 171, 10 S.E.2d 364 (1940).
The ordinance is invalid because no special benefit is conferred upon the payors of the uniform service charge. Accordingly, the circuit court’s order is
AFFIRMED.
. This charge is authorized for counties by S.C.Code Ann. § 4-9-30(5)(a) and for municipalities by § 5-7-30 (1986 and Supp. 1994).
Concurring Opinion
I concur in the holding that the ordinance at issue is invalid. However, I find the ordinance invalid because it does not satisfy the constitutional requirement of equal protection.
Reference
- Full Case Name
- FAIRWAY FORD, INC., D/B/A Fairway Ford, BMS, Inc., D/B/A Breakaway Honda, Big “O” Dodge of Greenville, Inc., D/B/A Big “O” Dodge, Brockman Chrysler-Plymouth Inc., D/B/A Brockman Chrysler-Plymouth, Fairway Management Company, D/B/A Heritage Lincoln-Mercury, Century Auto Sales, Inc., D/B/A Century BMW/Saab, Sitton Buick Company, Inc. of Greenville, D/B/A Sitton Buick, Toyota of Greenville, Inc., Gore’s Corvette World, Inc., Bruce Vehicle/Equipment Auction Services, Inc., D/B/A Gary Bruce’s Greenville Auto Auction, Boyce Clardy, D/B/A Liberty Motors, Bill Regan, D/B/A Regan Auto Sales, D.B. Carter Used Cars Lot No. One, Inc., and D.B. Carter Used Cars Lot No. Three, Inc., for Themselves, for Motor Vehicle Dealers and Wholesalers in Greenville County and All Others Similarly Situated, Respondents, v. the COUNTY OF GREENVILLE, Robert W. Leach, Chairman of the Greenville County Council, Richard A. Ashmore, Rick Blackwell, George Bomar, C. Wade Cleveland, Bob Cook, Rev. E.D. Dixon, Richard Herdklotz, Bunk Johnson, James F. Patterson, Fletcher N. Smith, Jr. and Paul B. Wickensimer, as Members, of Greenville County Council, and William J. Estabrook, Former Administrator for Greenville County, Appellants
- Cited By
- 12 cases
- Status
- Published