Legal Opinion · Dissent

Home Builders Ass'n v. School District No. 2

Supreme Court of South Carolina

Decided September 11, 2013No. Appellate Case No. 2011-195208; No. 27315Published

1DissentChief Justice Toal

Respectfully, I dissent. I would affirm the circuit court’s grant of respondents’ motion for a judgment on the pleadings under Rule 12(c), SCRCP, because, in my assessment, appellants’ complaint does not raise an issue of fact that would entitle appellants to judgment if resolved in their favor. The majority finds appellants’ allegation that respondent School District does not have unique funding needs, if proven, would render the Act unconstitutional special legislation. In doing so, it is my opinion the majority improperly applies the constitutional prohibition of special legislation to…

2Cases cited15 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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