Home Builders Association v. School District No. 2 of Dorchester County

Appellants appealed the grant of summary judgment in favor of the respondents in this case. The case was dismissed after respondents moved for judgment on the pleadings under Rule 12(c), SCRCP. Because the Supreme Court found issues of fact raised by the complaint that needed to be resolved before the constitutionality of 2009 Act No. 99 could be determined, the case was reversed and remanded for further proceedings. "The circuit court and respondents [relied] on a single sentence found in 'Bradley v. Cherokee School Dist. No. One,' [470 S.E.2d 570 (1996)]: A law that is special only in the sense that it imposes a lawful tax limited in application and incidence to persons or property within a certain school district does not contravene the provisions of Article III, section 34(IX)." In this case, the Supreme Court held that Appellant's complaint centered on an impact fee, not a tax, and one that is placed on only some persons and not others. Moreover, since 'Bradley' was decided, the Court clarified that all challenges to education-related special legislation were subject to the test set forth in 'Kizer v. Clark,'(600 S.E.2d 529 (2004)). The Supreme Court found that appellants' complaint alleged facts which, if resolved in their favor, would result in a declaration that the Act is unconstitutional. The order granting respondents' Rule 12(c) motion was therefore reversed.View "Home Builders Association v. School District No. 2 of Dorchester County" on Justia Law