Hampton v. Richland County Council

Supreme Court of South Carolina

Hampton v. Richland County Council

370 S.E.2d 714, 296 S.C. 72, 1988 S.C. LEXIS 91

CourtSupreme Court of South Carolina

DecidedJuly 11, 1988

Docket22887

StatusPublished

Cited by3 cases

This text of 370 S.E.2d 714 (Hampton v. Richland County Council) 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

Hampton v. Richland County Council, 370 S.E.2d 714, 296 S.C. 72, 1988 S.C. LEXIS 91 (S.C. 1988).

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Opinions

J. B. Ness, Acting Associate Justice:

We issued a writ of certiorari to review the opinion of the Court of Appeals reported at 292 S. C. 500, 357 S. E. (2d) 463 (Ct. App. 1987). After the careful consideration of the briefs and arguments, we have decided the writ was improvidently granted. We note, however, that the discussion of the so-called Fasano¹ doctrine in the Court of Appeals’ opinion is clearly unnecessary to a resolution of the issue before the court and is therefore dicta. See Johnson v. Atlantic Coast Line R.Co., 142 S. C. 125, 140 S. E. 443 (1927).

Accordingly, the writ of certiorari is dismissed as improvidently granted.

Writ dismissed.

Gregory, C. J., and Finney, and Chandler, JJ., concur. Harwell, J., concurring in separate opinion.

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J. B. Ness, Acting Associate Justice:

We issued a writ of certiorari to review the opinion of the Court of Appeals reported at 292 S. C. 500, 357 S. E. (2d) 463 (Ct. App. 1987). After the careful consideration of the briefs and arguments, we have decided the writ was improvidently granted. We note, however, that the discussion of the so-called Fasano¹ doctrine in the Court of Appeals’ opinion is clearly unnecessary to a resolution of the issue before the court and is therefore dicta. See Johnson v. Atlantic Coast Line R.Co., 142 S. C. 125, 140 S. E. 443 (1927).

Accordingly, the writ of certiorari is dismissed as improvidently granted.

Writ dismissed.

Gregory, C. J., and Finney, and Chandler, JJ., concur. Harwell, J., concurring in separate opinion.

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Bluebook (online)

370 S.E.2d 714, 296 S.C. 72, 1988 S.C. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-richland-county-council-sc-1988.

Opinions

J. B. Ness, Acting Associate Justice:

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