City of Spartanburg v. County of Spartanburg
Decision Date | 14 December 1990 |
Docket Number | No. 23338,23338 |
Citation | 401 S.E.2d 158,303 S.C. 393 |
Court | South Carolina Supreme Court |
Parties | CITY OF SPARTANBURG, Appellant, v. The COUNTY OF SPARTANBURG, Lachlan L. Hyatt, David G. Dennis, Sallie S. Peake, Wade A. Corn, Jr., and Danny E. Allen, Council Members of the Spartanburg County Council; Kenneth L. Westmoreland, Administrator; and Draper Corporation, Respondents. . Heard |
H. Spencer King, of King and Hray, of Spartanburg, for appellant.
Edwin C. Haskell, III, of Smith and Haskell, Spartanburg, for respondents County, Council Members and Adm'r.
T. Sam Means, Jr., of Butler, Means, Evins and Browne, Spartanburg, for respondent Draper Corp.
This appeal is from an order granting respondents (County) summary judgment on the ground appellant (City) has no standing to maintain this suit. We affirm.
Draper Corporation is a large industrial plant located on twenty-nine acres bounded on all sides by property within City's limits. Draper itself is not within the city limits but remains an unincorporated area of County.
For some years until 1987, Draper contracted with City for fire protection. In 1987, City enacted a new ordinance whereby City would provide fire services to contiguous areas only by annexation to City. The contract between Draper and City lapsed in January 1988 and Draper declined annexation.
In October 1988, Glendale Area Fire District (Glendale), a special purpose district in County, requested that County allow it to provide fire protection services to Draper. To accomplish this result, County adopted a resolution in December 1988 pursuant to S.C.Code Ann. § 4-19-10 (1986) creating Draper Corporation Fire Service Area as a special taxing district encompassing only the Draper plant. County then contracted with Glendale for Glendale to provide fire services to Draper. After this arrangement was in effect, City commenced this action challenging the validity of the Draper Corporation Fire Service Area and seeking an injunction against its continued existence.
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