City of Columbia v. Town of Irmo

Supreme Court of South Carolina

City of Columbia v. Town of Irmo

419 S.E.2d 231, 308 S.C. 490, 1992 S.C. LEXIS 141

CourtSupreme Court of South Carolina

DecidedJune 8, 1992

Docket23679

StatusPublished

Cited by2 cases

This text of 419 S.E.2d 231 (City of Columbia v. Town of Irmo) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Columbia v. Town of Irmo, 419 S.E.2d 231, 308 S.C. 490, 1992 S.C. LEXIS 141 (S.C. 1992).

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Opinion

Chandler, Justice:

The City of Columbia commenced this action against the Town of Irmo and the members of the Town Council, in their official capacities, seeking declaratory and injunctive relief. The complaint alleges that Irmo unlawfully annexed property within the corporate limits of the City of Columbia by virtue of Columbia’s prior annexation of the same property. Irmo answered, denying that Columbia validly annexed the property or that it is within Columbia’s corporate limits. Irmo also counterclaimed, seeking a declaratory judgment that the alleged prior annexation by Columbia was illegal in several particulars. Columbia filed a Rule 12(b) motion to dismiss the counterclaim, which the Circuit Court granted. Irmo appeals. We affirm.

In substance, the counterclaim raises the same claims Irmo asserted as a party plaintiff in Quinn v. City of Columbia, 303 S.C. 405, 401 S.E. (2d) 165 (1991). In that case, we held Irmo has no standing to bring an action challenging Columbia’s annexation. For the same reasons, Irmo has no standing to bring the counterclaim in this suit. Accordingly, the Circuit Court properly granted the motion to dismiss the counterclaim.

We emphasize that the only issue presented and decided in this appeal is the question of Irmo’s standing to assert the counterclaim. Our opinion should not, of course, be construed to express any view on the merits of the City of Columbia’s suit, which is still to be heard and decided by the Circuit Court.

Affirmed.

Harwell, C.J., Finney, and Toal, JJ., and Randall T. Bell, Acting Associate Justice, concur.

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Chandler, Justice:

The City of Columbia commenced this action against the Town of Irmo and the members of the Town Council, in their official capacities, seeking declaratory and injunctive relief. The complaint alleges that Irmo unlawfully annexed property within the corporate limits of the City of Columbia by virtue of Columbia’s prior annexation of the same property. Irmo answered, denying that Columbia validly annexed the property or that it is within Columbia’s corporate limits. Irmo also counterclaimed, seeking a declaratory judgment that the alleged prior annexation by Columbia was illegal in several particulars. Columbia filed a Rule 12(b) motion to dismiss the counterclaim, which the Circuit Court granted. Irmo appeals. We affirm.

In substance, the counterclaim raises the same claims Irmo asserted as a party plaintiff in Quinn v. City of Columbia, 303 S.C. 405, 401 S.E. (2d) 165 (1991). In that case, we held Irmo has no standing to bring an action challenging Columbia’s annexation. For the same reasons, Irmo has no standing to bring the counterclaim in this suit. Accordingly, the Circuit Court properly granted the motion to dismiss the counterclaim.

We emphasize that the only issue presented and decided in this appeal is the question of Irmo’s standing to assert the counterclaim. Our opinion should not, of course, be construed to express any view on the merits of the City of Columbia’s suit, which is still to be heard and decided by the Circuit Court.

Affirmed.

Harwell, C.J., Finney, and Toal, JJ., and Randall T. Bell, Acting Associate Justice, concur.

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Bluebook (online)

419 S.E.2d 231, 308 S.C. 490, 1992 S.C. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-columbia-v-town-of-irmo-sc-1992.

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