Legal Opinion · Dissent

Charleston County School District v. Harrell

Supreme Court of South Carolina

Decided July 25, 2011No. 27011Published

1Dissent

*562Chief Justice TOAL.

Respectfully, I dissent. Although I agree with the majority that the circuit court judge improperly considered facts outside the pleadings, I would nevertheless affirm the circuit court’s dismissal of this case because, in my assessment, the allegations in the complaint do not entitle Appellant to relief under any legal theory.

The majority found Appellant stated a prima facie case that Act 189 is unconstitutional because the act improperly singles out the Charleston County School District without a rational basis for doing so. In my opinion, unless there is a conflict…

2Cases cited10 opinions

  1. McCall v. BatsonSupreme Court of South Carolina · 1985
  2. Moseley v. WelchSupreme Court of South Carolina · 1946
  3. Sirrine v. StateSupreme Court of South Carolina · 1925
  4. McElveen v. StokesSupreme Court of South Carolina · 1962
  5. Walker v. BennettSupreme Court of South Carolina · 1923

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