Energy Research Foundation v. Waddell

Gregory, Chief Justice:

Respondents commenced this action challenging the validity of S. C. Code Ann. § 48-39-40 (1987) insofar as it provides that four legislators serve ex officio on the eighteen-member South Carolina Coastal Council. Respondents alleged violations of the dual office holding and separation of powers provisions of the state constitution. S. C. Const, art. Ill, § 24; art. I, § 8. Appellants moved to dismiss the action for lack of standing. Rule 12(b)(1), (SCRCP). This appeal is from the trial judge’s denial of appellants’ motion. We reverse.

Respondents’ complaint alleges they…