Greenwood County Council v. Brooks

362 S.C. 500 (2005) · Supreme Court of South Carolina · February 7, 2005

Summary

The South Carolina Supreme Court considered whether Greenwood County could reduce the salary of an interim clerk of court appointed to fill an unexpired term. Interpreting South Carolina Code sections 4-9-30(7) and 8-21-300, the court held that the County lacked authority to reduce the salary during the unexpired term of the office.

Holdings

  1. The county did not have authority to reduce the salary of an interim clerk of court during the unexpired term of the previously elected clerk.

Questions Presented

  1. Whether Greenwood County Council had authority under S.C. Code Ann. §§ 4-9-30(7) and 8-21-300 to reduce the salary of an interim clerk of court appointed to serve the unexpired term of an elected clerk.

Disposition

other

Cases Cited (5)

  • Lee v. Peach County Board of Commissioners, 269 Ga. 380, 497 S.E.2d 562 (1998)(followed)
  • McKesson v. Lowery, 51 Cal. 2d 660, 335 P.2d 662 (1959)(followed)
  • State v. Oklahoma Corporation Commission, 971 P.2d 868 (Okla. 1998)(followed)
  • Gaffney v. Mallory, 186 S.C. 337, 195 S.E. 840 (1938)(followed)
  • Johnston v. City of Myrtle Beach, 283 S.C. 288, 321 S.E.2d 627 (Ct. App. 1984)(followed)

Cited In (0)

No citing cases on record yet.

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