Legal Opinion · Concurrence

Board of Trustees v. State

Supreme Court of South Carolina

Decided August 29, 2011No. 27035Published

1Concurrence

*285Justice BEATTY.

I concur with the majority; however, I write separately to express my view that Act 308 is also unconstitutional special legislation beyond a reasonable doubt. Article III, Section 34 of the South Carolina Constitution prohibits special laws where general laws can be made applicable. There is no evidence in the record of this case that distinguishes The Board of Trustees of the School District of Fairfield County from the majority of school district governing bodies in this state; all are susceptible to fiscal mismanagement.

Further, Act 308 clearly conflicts with provisions of…

2Cases cited1 opinion

  1. Henry v. Horry CountySupreme Court of South Carolina · 1999

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