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Wednesday, October 29, 2014

Kigre asks US Supreme Court to hear Hilton Head dispute

Via The State 

A Hilton Head Island business wants the U.S. Supreme Court to get involved in its eight-year legal battle with the town.

Kigre Inc. has asked the court to hear its appeal of a ruling in June that upheld how the town collects business-license fees.


The S.C. Supreme Court ruled the town does not violate the U.S. Constitution's interstate commerce clause by charging Kigre a fee based upon its revenue. Kigre, a laser-component manufacturer on Marshland Road, has argued it should not have to pay the full amount since most of its revenue is from out-of-state customers.

Town officials have defended the practice, citing previous state court rulings that affirmed municipalities can impose the fees -- no matter where the sales occur.

The town will respond to the petition within 30 days, Alford said. It could be six months before the Supreme Court decides whether to hear the case.

Chances of the court taking on the dispute are slim. The court receives about 10,000 petitions each year and hears only 75 to 80, according to its website.



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