County of Lexington, S.C. v. City of Columbia, 23318

Decision Date21 January 1991
Docket NumberNo. 23318,23318
Citation303 S.C. 300,400 S.E.2d 146
CourtSouth Carolina Supreme Court
PartiesCOUNTY OF LEXINGTON, SOUTH CAROLINA, Respondent, v. CITY OF COLUMBIA, Appellant.

Roy D. Bates and James S. Meggs, Office of the City Attorney, Columbia, for appellant.

George S. Nicholson, Jr., and Jeff M. Anderson, Lexington, for respondent.

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 by 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 maintain a suit under the doctrine of parens patriae. Capital View Fire District v. County of Richland, 297 S.C. 359, 377 S.E.2d 122 (Ct.App.1989). Absent an issue of overriding public concern, a political subdivision must establish it is a real party in interest in order to maintain a suit. Richland County Recreation District v. City of Columbia, 290 S.C. 93, 348 S.E.2d 363 (1986); see also Thompson v. South Carolina Comm'n on Alcohol and Drug Abuse, 267 S.C. 463, 229 S.E.2d 718 (1976) (wherein this Court entertained suit in its original jurisdiction brought by law enforcement official to determine constitutionality of an act affecting enforcement of public drunkenness laws). It must allege an infringement of its own proprietary interests or statutory rights to establish standing. Richland County Recreation District, supra; Capital View Fire District, supra. County has failed to allege any such infringement. Moreover, we find no issue of overriding public concern. We hold County lacks standing to maintain this action. The judgment of the circuit court is

REVERSED.

HARWELL, CHANDLER and FINNEY, JJ., concur.

TOAL, J., not participating.

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4 cases
  • State ex rel. Condon v. City of Columbia, 25065.
    • United States
    • South Carolina Supreme Court
    • 14 February 2000
    ...S.C. 487, 419 S.E.2d 229 (1992); City of Columbia v. Town of Irmo, 308 S.C. 490, 419 S.E.2d 231 (1992); County of Lexington v. City of Columbia, 303 S.C. 300, 400 S.E.2d 146 (1991); Quinn v. City of Columbia, 303 S.C. 405, 401 S.E.2d 165 (1991) (per curiam). 2. This case is in an unusual po......
  • Tuma v. Kerr County
    • United States
    • Texas Court of Appeals
    • 29 November 2010
    ...as cities and counties, whose power is derivative and not sovereign, cannot sue as parens patriae ”); County of Lexington v. City of Columbia, 303 S.C. 300, 400 S.E.2d 146, 147 (1991) (“Generally, a county has the power to sue and be sued as a political body. As a political subdivision of t......
  • United States v. Walker River Irrigation Dist.
    • United States
    • U.S. District Court — District of Nevada
    • 28 May 2015
    ...Coldsprings Twp. v. Kalkaska Cnty. Zoning Bd. of Appeals, 755 N.W.2d 553, 556-57 (Ct. App. Mich. 2008); Cnty. of Lexington, S.C. v. City of Columbia, 400 S.E.2d 146, 147 (S.C. 1991) ("Generally, a county has the power to sue and be sued as a political body. As a political subdivision of the......
  • State by State Budget and Control Bd. v. City of Columbia, 23678
    • United States
    • South Carolina Supreme Court
    • 6 April 1992
    ...previously has been before this Court. See Quinn v. City of Columbia, 303 S.C. 405, 401 S.E.2d 165 (1991), County of Lexington v. City of Columbia, 303 S.C. 300, 400 S.E.2d 146 (1991). In these cases we held that the challenging party must assert an infringement of its own proprietary inter......
1 books & journal articles
  • City governments and predatory lending.
    • United States
    • Fordham Urban Law Journal Vol. 34 No. 2, March 2007
    • 1 March 2007
    ...92, 101 (Ind. 1975); Clark County v. City of Las Vegas, 574 P.2d 1013, 1014 n.1 (Nev. 1978); County of Lexington v. City of Columbia, 400 S.E.2d 146, 147 (S.C. (35.) See Douglas County Sch. Dist. 0001 v. Johanns, 694 N.W.2d 668, 673-74 (Neb. 2005) (holding that a school district had failed ......

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