State by State Budget and Control Bd. v. City of Columbia, 23678
| Decision Date | 06 April 1992 |
| Docket Number | No. 23678,23678 |
| Court | South Carolina Supreme Court |
| Parties | The STATE of South Carolina, by the STATE BUDGET AND CONTROL BOARD, Respondent, v. The CITY OF COLUMBIA, South Carolina, Columbia Bible College, The Harbison Group, John H. Burris, C.T. Brook Limited Partnership, Homart Development Company, Churchville Associates, Joe Louis Gladney, South Carolina Baptist Hospital, Reliance Woodmont Limited Partnership, St. Andrews Development Company, and Mall Boulevard Corporation, Defendants, of whom The City of Columbia, South Carolina, Columbia Bible College, The Harbison Group, John H. Burris, C.T. Brook Limited Partnership, Mall Boulevard Corporation, and Reliance Woodmont Limited Partnership, are Appellants. . Heard |
Danny C. Crowe, of Turner, Padget, Graham & Laney, P.A., Keith M. Babcock, of Lewis, Babcock & Hawkins, Roy D. Bates and James S. Meggs, Office of City Atty., William C. Boyd and Manton M. Grier, Sinkler & Boyd, Columbia, for appellants.
S. Jahue Moore, West Columbia, for respondent.
This is a declaratory judgment action seeking a declaration as to the legality of certain annexations made by the City of Columbia (the City). We reverse in part and remand in part.
On December 6, 1989, the City purchased a strip of land approximately five feet wide and one-half mile long bordering the eastern shore of the Broad River just north of the point where the Broad River is traversed by Interstate Highway 20 (the five-foot strip). The City annexed this five-foot strip on December 20, 1989. Based on the strip's alleged contiguity to other lands abutting the western shore of the Broad River, the City informed respondent State Budget and Control Board that the property respondent owns in the area was eligible for annexation into Columbia, and encouraged respondent to petition for annexation. 1 As a result, respondent petitioned for annexation, and the City annexed respondent's property on December 27, 1989.
By February 1990 a controversy had arisen regarding the legality of the City's annexation of the five-foot strip as well as subsequent annexations utilizing the five-foot strip as a springboard into the Irmo/St. Andrews area. Respondent perceived that it had been induced to petition for annexation based on misrepresentations made by the City. Consequently, the City's mayor appeared before representatives of respondent and invited respondent to join other parties contesting the validity of the annexations. Respondent filed a notice of intention to contest annexation on February 23, 1990 and brought this action shortly thereafter.
Appellants City of Columbia, Columbia Bible College, The Harbison Group, John H. Burris, C.T. Brook Limited Partnership, Mall Boulevard Corporation, and Reliance Woodmont Limited Partnership moved for summary judgment pursuant to Rule 56, SCRCP on the grounds that respondent's notice of intention to contest the annexation was untimely. Appellants also asserted at the hearing that respondent lacked standing to pursue this matter. The trial judge denied appellants' motions for summary judgment. Appellants appeal the denial of summary judgment.
Appellants assert that respondent lacks standing to contest the annexation of the five-foot strip. We agree.
Litigation concerning the legality of the City's annexations in the St. Andrews/Irmo area 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 ...
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