Legal Opinion · Dissent

Board of Trustees v. State

Supreme Court of South Carolina

Decided July 16, 2014No. Appellate Case No. 2012-212697; No. 27417Published

1DissentJustice Beatty

I respectfully dissent. The majority agrees that Act No. 294 is special legislation; however, it affirms the grant of summary judgment because “FCSD failed to present any evidence that the General Assembly had neither a logical basis nor sound reason for enacting Act No. 294.” In reaching this conclusion, the majority myopically focuses on the procedural posture of the instant case and, in turn, effectively discounts the fundamental question regarding the constitutionality of Act No. 294. In my view, the majority’s truncated analysis fails to fully address the constitutional propriety of Act…

2Cases cited14 opinions

  1. Duke Power Co. v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1985
  2. Thomas v. MacKlenSupreme Court of South Carolina · 1938
  3. Shillito v. City of SpartanburgSupreme Court of South Carolina · 1948
  4. Dean v. County of SpartanburgSupreme Court of South Carolina · 1900
  5. ELLIOTT v. SlighSupreme Court of South Carolina · 1958

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