State Ex Rel. McLeod v. McInnis

I respectfully dissent. In my view no justiciable controversy was presented, therefore, I would dismiss this action.

An action brought pursuant to the Uniform Declaratory Judgments Act, South Carolina Code Ann. §§ 15-53-10 through 15-53-140 (1976) must involve an actual, justiciable controversy. South Carolina Electric & Gas Company v. South Carolina Public Service Authority, 215 S. C. 193, 54 S. E. (2d) 777 (1949). “A justiciable controversy is a real and substantial controversy which is ripe and appropriate for judicial determination, as distinguished from this dispute of a contingent,…