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← 402 SC 434 - Cunningham v. Anderson County

Cunningham v. Anderson County’s Empirical Analysis

2013

Citation profile

4
cited by 4 later decisions
1
states following
June 2016
most recently cited

4 state decisions

Relationships

Relies on I'On, L.L.C. v. Town of Mt. Pleasant · George v. Fabri · Hancock v. Mid-South Management Co., Inc. · Dawkins v. Fields · Russell v. City of Columbia

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “If the term of the contract in question extends beyond the term of the governing members of the municipality entering into the contract, the validity of the contract is dependent on the subject matter of the contract. The general rule is that, if the contract involves the exercise of the municipal corporation’s business or proprietary powers, the contract may extend beyond the term of the contracting body and is binding on successor bodies if, at the time the contract was entered into, it was fair and reasonable and necessary or advantageous to the municipality. However, if the contract involves the legislative junctions or governmental powers of the municipal corporation, the contract is not binding on successor boards or councils.”
    1 later decision quote this exact passage
  2. “[W]here the contract involved relates to governmental or legislative functions of the council, or involves a matter of discretion to be exercised by the council[,] unless the statute conferring power to contract clearly authorizes the council to make a contract extending beyond its own term, no power of the council to do so exists, since the power conferred upon municipal councils to exercise legislative or governmental functions is conferred to be exercised as often as may be found needful or politic, and the council presently holding such powers is vested with no discretion to circumscribe or limit or dimmish their efficiency, but must transmit them unimpaired to their successors.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.