Home Builders Ass'n v. School District No. 2

Summary

The South Carolina Supreme Court reviewed a judgment on the pleadings dismissing a challenge to a statute authorizing a school district to impose impact fees on new residential dwelling units. The court held that the complaint alleged factual issues which, if resolved in the appellants’ favor, could establish that the statute violated constitutional provisions concerning special legislation and statewide uniformity, and it reversed and remanded.

Holdings

1. Judgment on the pleadings is improper when the complaint raises an issue of fact that, if resolved in the plaintiff's favor, would entitle the plaintiff to judgment; because the complaint alleged such facts, the Rule 12(c) dismissal was erroneous.
2. The complaint stated a legally cognizable challenge under the South Carolina Constitution's special-legislation provision because it alleged that the Act singled out one school district without a substantial distinction, logical basis, or sound reason.
3. Bradley v. Cherokee School District No. One did not justify dismissal because this case involved an impact fee rather than a tax, and Bradley was overruled to the extent it relied on pre-1973 precedent inconsistent with the post-Home Rule Constitution.

Questions Presented

1. Whether the complaint raised factual issues that, if resolved in appellants' favor, would entitle them to a declaration that 2009 Act No. 99 was unconstitutional special legislation.
2. Whether the circuit court properly granted respondents' Rule 12(c) motion for judgment on the pleadings.
3. Whether the court could determine the constitutionality of the Act at the pleading stage before resolving the factual allegations concerning the district's allegedly nonunique funding needs.

Disposition

reversed_and_remanded