Mark G. Thompson v. Clay Killian
Syllabus
Mark and Jane Thompson brought this action against Clay Killian, in his official capacity as Aiken County Administrator; Jason Goings, in his official capacity as Treasurer of Aiken County; Aiken County Council; Aiken County; the City of Aiken; Aiken City Council; and Stuart Bedenbaugh, in his official capacity as Aiken City Manager, seeking declaratory and monetary relief for the imposition of Aiken City and County's road maintenance fees. After the trial court granted Respondents' Rule 12(b)(1) and (6), SCRCP, motions, the Thompsons appealed to the court of appeals. We certified that appeal and now answer whether the trial court erred in (1) finding the South Carolina Revenue Procedures Act deprived it of subject matter jurisdiction over the Thompson's tax claims; (2) finding that the catchall provision of section 12-60-80(C) barred the Thompsons' class action; (3) dismissing the Thompsons' claim under section 8-21-30 of the South Carolina Code (2019); (4) finding that sovereign immunity barred the Thompsons' unjust enrichment claim; and (5) dismissing the Thompsons' claim under Article I, § 3 of the South Carolina Constitution. We affirm in part, reverse in part, and remand.
Cites
47 cases in this archive are cited by this case; the 20 most cited are listed.
- Pennhurst State School and Hospital v. HaldermanSupreme Court· 1984-01-23· cited 8,956×
- Goldberg v. KellySupreme Court· 1970-05-04· cited 5,926×
- Alden v. MaineSupreme Court· 1999-06-23· cited 1,967×
- Whitman v. American Trucking Assns., Inc.Supreme Court· 2001-02-27· cited 1,439×
- United States v. LeeSupreme Court· 1882-12-18· cited 854×
- Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina· 1976-01-22· cited 749×
- Glidden Co. v. ZdanokSupreme Court· 1962-06-25· cited 689×
- Wilder Corp. v. WilkeSupreme Court of South Carolina· 1998-03-09· cited 665×
- Bi-Metallic Investment Co. v. State Board of EqualizationSupreme Court· 1915-12-20· cited 612×
- I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina· 2000-01-17· cited 485×
- Atkins v. ParkerSupreme Court· 1985-06-04· cited 377×
- Hodges v. RaineySupreme Court of South Carolina· 2000-06-12· cited 371×
- Langford v. United StatesSupreme Court· 1880-04-19· cited 175×
- Doe v. MarionSupreme Court of South Carolina· 2007-05-07· cited 130×
- CFRE, LLC v. Greenville County AssessorSupreme Court of South Carolina· 2011-08-29· cited 108×
- Jones v. LottSupreme Court of South Carolina· 2010-04-19· cited 106×
- Bayle v. South Carolina Department of TransportationCourt of Appeals of South Carolina· 2001-01-08· cited 101×
- Mid-State Auto Auction of Lexington, Inc. v. AltmanSupreme Court of South Carolina· 1996-09-03· cited 93×
- State Ex Rel. Stephan v. Kansas House of RepresentativesSupreme Court of Kansas· 1984-08-29· cited 75×
- Town of Mt. Pleasant v. RobertsSupreme Court of South Carolina· 2011-07-11· cited 68×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.