Fowler v. Beasley

Waller, Justice:

On appeal is an order of the circuit court enjoining appellants from filling a vacancy on the Charleston County School Board (Board).

We affirm in part, reverse in part.

FACTS

In 1994, the death of Laura Brown created a vacancy on the Board. Thereafter, a majority of the Charleston County Legislative Delegation (Delegation) recommended appellant, Richard L. Mock, to the governor to fill the unexpired vacancy. The Governor confirmed the appointment. Prior to Mock being sworn in, respondents sought an injunction to prevent his seating on the Board, contending the procedure used to…