Mitchell v. City of Greenville
411 S.C. 632
| S.C. | 2015Background
- Petitioner Mitchell sought original-jurisdiction declaratory and injunctive relief challenging Greenville Ordinance No. 2014-25, which changed the city’s municipal election method.
- The ordinance’s body states the City "adopts the nonpartisan plurality method," but the attached amended code language lists "nonpartisan plurality / nonpartisan run off," failing to select one.
- Mitchell argued the attachment’s dual listing left the ordinance invalid and that Greenville must continue partisan elections.
- Greenville defended that the ordinance’s body clearly adopted the nonpartisan plurality method and the attachment’s phrasing was an inadvertent leftover from drafting.
- The Supreme Court granted original jurisdiction, dispensed with further briefing, and reviewed the ordinance as a question of law, focusing on legislative intent and rules of statutory/ordinance construction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ordinance is invalid because the attachment lists two nonpartisan methods without choosing one | The attachment’s listing of "nonpartisan plurality / nonpartisan run off" fails to select a method, rendering the ordinance void and requiring continuation of partisan elections | The ordinance’s body clearly expresses intent to adopt the nonpartisan plurality method; the attachment’s wording was an inadvertent drafting oversight | Court held the body’s clear intent controls, deletes the unintended "nonpartisan run off" option, and enforces the nonpartisan plurality method |
Key Cases Cited
- Eagle Container Co., LLC v. County of Newberry, 379 S.C. 564 (2008) (standard of review for ordinance construction)
- I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C. 406 (2000) (cardinal rule: effectuate legislative intent)
- Charleston County Parks & Recreation Comm'n v. Somers, 319 S.C. 65 (1995) (ordinance interpretation must be practical, reasonable, and fair)
- State v. Alls, 330 S.C. 528 (1998) (preamble can guide statutory meaning)
- City of Spartanburg v. Leonard, 180 S.C. 491 (1936) (preamble may inform meaning of act)