True or False: South Carolina courts have ruled that a local ordinance is a legislative enactment and presumed constitutional upon adoption.
Ordinances have the presumption of constitutionality, but they can be challenged. The burden of proving that a local ordinance is invalid rests with the party challenging the ordinance. The 2011 case Sandlands C & D, LLC v. Horry County established a two-step judicial review process that courts can follow to make a determination on 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 preemptive legislation by the state. If the court finds that the local government did have the power to pass the ordinance, then it determines whether the ordinance is consistent with the South Carolina Constitution and Code of Laws. If the court finds that it is, then the ordinance is valid.
The Municipal Elected Officials Institute of Government offers online courses. In-person classes will resume when COVID-19 activity drops to safe levels. To register for the on-demand courses, go to the Municipal Association's website at www.masc.sc and log in with your user identification number and password. The on-demand courses can be accessed 24/7 from any computer, tablet or mobile device that has internet connection and may be taken in any order.