What did 'greenbelt' mean in a South Carolina half-cent sales tax referendum?

Plain-English summary

A Mount Pleasant town attorney asked what "greenbelt" meant for an upcoming half-cent sales tax referendum. The Attorney General referred him to Douan v. Charleston County Council, a South Carolina Supreme Court decision interpreting the cited statute. The court said the statute did not define the term and gave its ordinary meaning as a belt of parkways or farmland around a community. The letter supplied no further test for particular land or projects.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the sales tax statute define "greenbelt"?
A: No. The state Supreme Court said the word was not defined there.

Q: What meaning did the AG provide?
A: It quoted the court's common definition: a "belt of parkways or farmlands that encircles a community."

Background and statutory framework

The request concerned a referendum under Sections 4-37-10 et seq. The letter's entire legal answer was its reference to the greenbelt definition in Douan v. Charleston County Council; it did not analyze the referendum language or any proposed spending.

Citations

• Sections 4-37-10 et seq.
• Douan v. Charleston County Council et al., 357 S.C. 601, 594 S.E.2d 261 (2003)

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-27-2004-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04oct27young.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY Mc11ASTER
ATIORNEY GENERAL

October 27, 2004

R. Allen Young, Esquire
Mount Pleasant Town Attorney
Post Office Box 745
Mount Pleasant, South Carolina 29465
Dear Mr. Young:
In a letter to this office you questioned the definition of "greenbelt" in association with the upcoming referendum election on the Yi cent sale tax issue which is to be held pursuant to the provisions of S.C. Code Ann. Sections 4-37-10 et seq .. In responding to your question, reference may be made to the definition of "greenbelt" set forth by the State Supreme Court in its decision in Douan v. Charleston County Council et al., 357 S.C. 601, 594 S.E.2d 261 (2003) construing the cited statutory provisions. In Douan, the Court referenced that

Greenbelt is not defined in the statute, but is commonly defined as a "belt of parkways or farmlands that encircles a community." 357 S.C. at 609. With kind regards, I am, Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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