FLORENCE, SC (WBTW) – After a 4-year legal battle, the State Supreme Court has ruled that the West Florence Fire District is unconstitutional.
In a court document filed Wednesday, the State Supreme Court agreed with the ruling from Circuit Court Judge J. C. Nicholson, Jr., who stated that the creation of the West Florence Fire District is unconstitutional because the district is “not truly a multicounty district.” Based on the ruling, the fire district will now fall under the control of Florence County.
The West Florence Fire District was formed after the county put all fire districts under one umbrella in 2014, calling for all county residents to pay the same property tax. However, many residents of West Florence said that tax rate would more than double what they were currently paying.
West Florence was able to identify itself as a special district after State Legislature and then Governor Nikki Haley signed a bill that cut the area from the countywide district.
Florence County filed a lawsuit to stop West Florence from becoming its own district, claiming the county would lose money to fund fire services and everyone should pay the same millage rate.
When the county’s first lawsuit, filed in June 2014 got no results, county leaders filed a second lawsuit in September 2014.
“You cannot treat one area differently,” said Florence County Council Chairman James Schofield in a 2014 interview, “Unless there’s substantial and logical reasoning for doing so.”
In 2015, Representative Phillip Lowe introduced a bill that would add 90 parcels of the Darlington County Fire District to West Florence. Lowe said the goal was to limit confusion in the lawsuit and have the new station closer to its service area.
There are three stations that operate within the West Florence Fire District:
- 3379 Pine Needles Road
- 1515 Milwaukee Drive
- 3097 S. Cashua Drive
The State Supreme Court conclusion indicates the decision will now go to the Circuit Court for its approval of a plan to transition the West Florence Fire District to county control.
