Legal Opinion · Dissent

Caddell v. Lexington County School District No. 1

Supreme Court of South Carolina

Decided October 24, 1988No. 22917Published

1Dissent

Finney, Justice:

I dissent. It is my judgment that the lease agreements between the School District and the Corporation incur a general obligation debt and violate Article X, Section 15, of the South Carolina Constitution.

This case presents the problem of reconciling constitutional debt limitations on local governments with the constitutional mandate for local governments to provide educational facilities which meet certain minimum standards. Appellants assert that because of the structure of this “lease/purchase arrangement,” there is no violation of the constitutional prohibition contained…

2Cases cited6 opinions

  1. Dean v. KuchelCalifornia Supreme Court · 1950
  2. Gude v. City of LakewoodSupreme Court of Colorado · 1981
  3. State Ex Rel. Nevada Building Authority v. HancockNevada Supreme Court · 1970
  4. State Ex Rel. West Virginia Resource Recovery—Solid Waste Disposal Authority v. GillWest Virginia Supreme Court · 1984
  5. Nichols v. South Carolina Research AuthoritySupreme Court of South Carolina · 1986

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