Legal Opinion · Dissent

Smith & Smith, Inc. v. South Carolina Public Service Commission

Supreme Court of South Carolina

Decided September 19, 1978No. 20769Published

1DissentLittlejohn, Justice

(dissenting) :

I respectfully dissent and would reverse the order of the circuit court.

*409To warrant a reversal of the Commission’s actions this court must find that the plaintiffs have been denied a right granted to them by either:(1) a rule of the Public Service Commission,(2) a statute enacted by the General Assembly, or(3) a state or federal constitutional mandate.

The plaintiffs have not contended that they are entitled to an adversary-type trial or hearing by reason of any rule of the Commission or by reason of any statute. A search of the rules and of the statutes indicates that the…

2Cases cited5 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Federal Communications Commission v. Sanders Bros. Radio StationSupreme Court of the United States · 1940
  3. Faile v. South Carolina Employment Security CommissionSupreme Court of South Carolina · 1976
  4. Beard-Laney, Inc. v. DarbySupreme Court of South Carolina · 1948
  5. First Federal Savings & Loan Ass'n v. Board of Bank ControlSupreme Court of South Carolina · 1974

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