Sanders v. Dist

• Decision Date: 13 September 1947
• Docket Number: No. 15988.,15988.
• Citation: 44 S.E.2d 185
• Parties: SANDERS . v. CREATER GREENVILLE SEWER DIST. et al.
• Court: South Carolina Supreme Court

44 S.E.2d 185

SANDERS .

v.CREATER GREENVILLE SEWER DIST. et al.

No. 15988.

Supreme Court of South Carolina.

Sept. 13, 1947.

[COPYRIGHT MATERIAL OMITTED]

Appeal from Common Pleas Circuit Court of Greenville County; William B. McGowan, County Judge.

Action by G. A. Sanders, a resident and taxpayer of the Overbrook Water and Sewer Subdistrict of the Greater Greenville Sewer District, against such district and others, to have proposed annexation of certain areas to the subdistrict declared invalid and enjoin the subdistrict committee from issuing bonds for purchase of water and sewer lines from the federal government. From a judgment declaring the annexation valid and denying an injunction, plaintiff appeals.

Affirmed.

J. Wilbur Hicks, of Greenville, for appellant.

J. D. Todd, Jr., of Greenville, for respondents.

OXNER, Justice.

The principal question to be determined on this appeal is whether under the statutes hereinafter mentioned the Overbrook Water and Sewer Sub-District may be extended and enlarged so as to include (1) a certain area lying within the Greater Greenville Sewer District but not previously made a part of a sub-district, and (2) another area which lies entirely outside of the original boundaries of the Greater Greenville Sewer District.

In 1925 an act was passed creating as a "body politic" the "Greater Greenville Sewer District", consisting of the territory included in the Greenville School District and in the Parker School District, which was to be governed by a commission to be known as the "Greater Greenville Sewer District Commission." 34 St. at Large, p. 744. The district thus created embraces the territory within the City of Greenville and also a large industrial area and a thickly populated residential area surrounding the City. The population of these adjacent areas is as large if not larger than that of the City. The act creating the district was amended in 1926, 34 St. at Large, p. 1537, and the Commission empowered to establish and maintain water and sewer lines in the district, to purchase existing sewer lines, and "generally to do allthings necessary for the purpose of creating and maintaining a sewerage system in said District adequate for the protection of health in said District and for the establishment of proper sanitary conditions therein." This amendment further provided: "That said Commission shall not spend any money for the establishment and construction of any lateral lines or construction of said system other than the trunk lines and disposal plant or plants, until such time or times as said Greater Greenville Sewer Commission has required the property owners in communities not now having laterals to make arrangements whereby cost and construction of said lateral lines shall have been assumed by such property owners." During the same year an act was passed, 34 St. at Large, p. 1540, empowering the Commission to issue bonds of the district in the sum of $3,000, 000 and use the proceeds in establishing and maintaining said sewer system and directing that there should be levied annually on all property within the district a tax sufficient to pay the principal and interest on said bonds. The act further provided that the question of issuing said bonds should be submitted to the qualified electors of the district. An election was duly held which resulted in favor of the issuance of said bonds. Thereafter the bonds were sold and the Commission constructed trunk lines and a disposal plant.

In 1929 an act was passed providing for the division of the district into sub-districts. 36 St. at Large, p. 864. The Commission was directed to make a survey for the purpose of dividing all of said district into sub-districts and after doing so to form two classes: "Class (A)"--sub-districts which have lateral lines already installed, "Class (B)"--sub-districts which do not have lateral lines installed. As to those sub-districts in Class (A), the Commission was to take no action except to make the necessary regulations. As to those in Class (B), the Commission was directed, upon the filing of a petition by a certain number of freeholders of the sub-district "asking that said Commission order an election in said sub-district for the purpose of (a) incorporating said sub-district, (b) allowing the sub-district to issue bonds or certificates of indebtedness for an amount necessary to install and maintain water and sewer lateral lines therein and connect the same with the main trunk line or lines, and (c) to provide for the levy of a tax in the sub-district sufficient" to pay the principal and interest of said bonds, to order an election in said sub-district upon the questions stated in the petition. Should the election result in favor of the questions presented, the act provided that "the said sub-district shall thereupon be and become a body politic and corporate under the name of '-Water and Sewer Sub-District.'" The sub-district was to be governed by a committee to be known as "-Water and Sewer Sub-District Committee." The committee of a sub-district so organized was empowered to establish, operate and maintain water and sewer lines in the district, to purchase lateral water and sewer lines already installed therein and "generally to do all things necessary for the purpose of creating, maintaining, and operating a water and sewer system in said sub-district adequate for the protection of health in said district, and for the establishment of proper sanitary conditions, so far as they pertain to the operation of water and sewer systems." All costs of installing lateral lines and of connecting them with the main trunk lines were to be paid by the sub-district. The Commission of the master district was to approve all plans and specifications for such lateral lines. The Committee of the sub-district was authorized to issue bonds of the sub-district in such sum as deemed necessary for the purpose of constructing and maintaining the water and sewer systems in the sub-district, the principal and interest of which were to be paid by an annual tax levied on the property within said sub-district. The Greater Greenville Sewer District Commission was authorized to purchase bonds issued by a sub-district. Provision was also made in this act for the incorporation into a sub-district of any area outside the limits of the Greater Greenville Sewer District and its annexation to the master district. The procedure to be followed was substantially the same as that followed in the incorporation of a Class B sub-district.

In 1933 the committee of any sub-district was further empowered "to furnish adequate fire protection for the district." 38 St. at Large, p. 89S. In 1935 a method was provided whereby an area lying either within or without the Greater Greenville Sewer District could become a part of a sub-district already organized. 39 St. at Large, p. 890. During the latter part of 1935 the Overbrook Water and Sewer Sub-District was regularly created and organized under the terms of the acts heretofore mentioned. In 1936 an act was passed validating and ratifying the creation and establishment of the Overbrook Water and Sewer Sub-District. 39 St. at Large, p. 2335. The territory embraced in this sub-district is described in the act. This act further validated and ratified the issuance of $150,000 of bonds by this sub-district and "the levying of a tax for the payment of the principal and the interest of said bonds."

In 1941, the 1935 act providing a method of annexation to a sub-district was further amended and is now as follows (42 St. at Large, p. 978):

"An area lying without the limits of Greater Greenville Sewer District may become incorporated therein and become a part of a sub-district already organized by the following procedure:

"When the freeholders or residents of such area desire that it become a part of a sub-district, they shall cause to be filed with the Commission and the Committee of such sub-district a plat of the area and a petition signed by not less than one-third (¹/₃) of the freeholders therein, asking: (1) That such area be incorporated into Greater Greenville Sewer District; (2) That it become a part of the named sub-district; (3) That water and/or sewer lines be installed and maintained therein and that it receive all other benefits provided for the sub-district; (4) To state the terms and conditions upon which the area may be incorporated into Greater Greenville Sewer District and the sub-district; (5) That a tax be levied sufficient to pay for these benefits as provided for by paragraph 3(c) of this Act; and (6) That these questions be submitted to the qualified electors of the area (if there be such electors) by an election to be called and held as provided by paragraph 3 of this Act; or the petition may ask that the questions be submitted to the qualified electors within the area (if there be any), without holding an election, by presenting to them a petition in writing for their signature of assent or dissent thereto. If the matter is to hepresented [be presented] by election it shall not be necessary to have the first petition signed by more than one-third (¹/₃) of the freeholders of the area; if it is submitted by petition instead of election, the first petition must be signed by a majority of such freeholders, who own fifty per cent (50%) or more of the lands in the area to be affected.

"If it be made to appear to the satisfaction of the Commission that there are no qualified electors in the area involved, the matter shall then be submitted to the freeholders of the area by petition properly drawn for that purpose.

"Upon receipt of the petition, the Commission and the Committee shall determine whether or not it is practical to install and maintain water and/or sewer lines, and to furnish the other benefits provided for the sub-district, in the area; and, if so, the Commission and the Committee shall determine upon what terms and conditions said area may be admitted into ...