Hamm v. Cromer

Toal, Justice,

dissenting:

I respectfully dissent. The purpose of S.C. Constitution, Article VIII, §§ 1 and 7 was to establish “home rule” by greatly reducing the power of the legislature over county governments. As the majority notes, the Act in dispute was designed *310in good faith to further that goal. The majority, however, relies on the Act’s form over its function. Instead, I would relieve the legislature of the onerous, if not impossible, task of crafting general legislation that would place control of the Authority in the hands of the Newberry County Council.

In my opinion, Act 784 is constitutional as one-shot legislation under Duncan v. County of York, 267 S.C. 327, 228 S.E. (2d) 92 (1976). I am well aware that the Duncan exception was limited to the establishment of initial county governments by Horry County v. Cooke, 275 S.C. 19, 267 S.E. (2d) 82 (1980); however, the county government has never had legally constituted control over the Authority. It is my view, then, that the transfer of control accomplished by Act 784 constitutes the establishment of initial county government. I would, therefore, reverse.