TRUE OR FALSE:
South Carolina courts have ruled that a local ordinance is a legislative enactment, and is presumed constitutional upon adoption.
TRUE
Ordinances have the presumption of constitutionality, but third parties can challenge their constitutionality.
The burden of proving that a local ordinance is invalid rests with the party challenging the ordinance. The 2011 SC Supreme Court case Sandlands C & D, LLC v. Horry County established a two-step judicial review process that courts can follow to determine the ordinance's validity.
First, the court determines whether the local government has the power to enact the ordinance — in other words, whether there has been any legislation by the state that would preempt the local government’s ordinance. If the court finds that the local government did have the power to pass the ordinance, then it considers whether the ordinance is consistent with the South Carolina Constitution and Code of Laws. If so, then the court may find the ordinance valid.
The Municipal Elected Officials Institute of Government offers in-person and online courses. “Municipal Governance and Policy” will be offered at selected regional councils of governments locations on May 21. The registration deadline for the course is May 13. Learn more online.