Resident tells council proposed trash charge is legally a tax and says he will seek an injunction

During public comment at the Feb. meeting, resident Kirby Hughes urged council to reconsider a proposed county waste charge, arguing the levy is legally a tax and not a fee under South Carolina law and Supreme Court precedent.

Hughes, of 2995 Highway 52 South, said he had corrected an earlier error in his revenue estimate and that the core issue was fairness to Chesterfield County taxpayers. He recited legal criteria from state case law for the distinction between a fee and a tax: payment must provide a particularized benefit to the payer, the benefit must be unique and the revenue must be earmarked for the service tied to the fee. Hughes referenced Burns v. Greenville County Council (2021), Brown v. County of Horry (1992) and Campbell v. City of Charleston (1993) in arguing the charge does not meet the legal test.

Hughes told the council, "We are filing an injunction already against Chesterfield County. I don't wanna sue Chesterfield County. So I ask you, please do the right thing." He said his goal was fairness rather than the $38 amount mentioned.

Council members responded with questions and comments: one member asked whether the school portion of local property taxes similarly fails the fee test; another thanked Hughes for his diligence and said staff will continue to review the matter.

Next steps: No formal council vote or action on the charge was recorded at the meeting; the comment will be part of the public record and may inform staff or committee review of the proposed charge.