Legal Opinion · Dissent

South Carolina Public Interest Foundation v. South Carolina Department of Transportation

Supreme Court of South Carolina

Decided September 14, 2017No. Appellate Case No. 2015-001175; Opinion No. 27738Published

1Dissent

ACTING JUSTICE PLEICONES:

I respectfully dissent because in my opinion, the trial judge and the Court of Appeals were correct in finding Sloan lacked standing to bring this action.

In my view, the trial judge properly determined there was no evidence SCDOT has a pattern of, or intends to hereafter provide, the inspection of private property in derogation of state law. The majority correctly points out the public interest exception was created to “ensure accountability and the concomitant integrity of government action,” and to provide “future guidance.” See ATC South, Inc. v. Charleston Cnty.,…

2Cases cited6 opinions

  1. Baird v. Charleston CountySupreme Court of South Carolina · 1999
  2. Sloan v. Greenville CountyCourt of Appeals of South Carolina · 2003
  3. ATC South, Inc. v. Charleston CountySupreme Court of South Carolina · 2008
  4. Sloan v. Department of TransportationSupreme Court of South Carolina · 2005
  5. Crews v. BeattieSupreme Court of South Carolina · 1941

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