737 S.E.2d 502
S.C. Ct. App.2012Background
- Greenville County created a Council Reserves/Discretionary Funds line item in 1994-95 to fund non-purview infrastructure and community needs.
- Council later limited use to infrastructure and non-recurring community requests in 1996.
- Sloan and SCPIF challenged the Council Reserves in a 1996 action, including alleged §7-81 violations and procedural issues.
- In 2006-07 budget, Council District Expense line items funded individual members’ costs and non-recurring infrastructure expenses.
- Respondents filed a new action in 2006-07 challenging ongoing delegation of spending authority; trial court denied res judicata and granted summary judgment, later awarding fees.
- This appeal challenges res judicata, the constitutional/illegal delegation claim, and attorney’s fees; the court reverses all three orders and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the present action is barred by res judicata | Sloan/SCPIF: different fiscal years negate res judicata | County: same transaction; prior ruling did not decide these years | Yes, barred by res judicata |
| Whether Council Reserves unlawfully delegated legislative authority | Sloan/SCPIF: delegation to individual members unconstitutional | County: no illegality; prior action upheld compliance | barred; need not reach merits |
| Whether attorney’s fees were properly awarded | Respondents prevailed; fees justified | Reversed; res judicata precludes fee award |
Key Cases Cited
- Judy v. Judy, 393 S.C. 160 (2011) (res judicata bars issues arising from same transaction; issues might have been raised)
- Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591 (1948) (Sunnen limited to tax context; not controlling for res judicata in general)