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County legal staff says road-user fee litigation likely to be dropped after state court decisions

Horry County Transportation Committee · May 26, 2026
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Summary

County legal counsel updated the committee that state Supreme Court rulings (Georgetown and Orangeburg County cases) overturned prior precedent on retroactivity, and staff expects the county's road-user fee litigation to be dropped within roughly 30 days.

County legal staff told the Transportation Committee that litigation over the county's road-user fee — a case dating from 2021–2022 — is expected to be resolved soon after recent state-level decisions.

David, who provided the update, summarized recent developments in state case law. He said a legislative change that made a fee retroactive had been challenged and that the state Supreme Court had reversed earlier precedent in the Georgetown and Orangeburg County cases. “So we would anticipate ours being dropped sometime in the next 30 days,” David said.

Committee members asked no substantive follow-up questions during this update. The committee did not take action on the matter during the meeting.

Because this was a staff legal update, no formal vote or motion was recorded; the county will provide further updates as the litigation status changes.