Thomas v. Cooper River Park

Toal, Justice:

I respectfully dissent. The majority, by the mechanical application of rules of statutory construction, has created a monster: fiscal autonomy for a special purpose district which has never been granted such power by the South Carolina Constitution, by statute, or by vote of the people. Because this district has never had this autonomy and because such a result contravenes the very intent of the legislature, I must part with the majority.

It is undisputed the Act 443 is unconstitutional to the extent that it violates the separation of powers provision of the South Carolina…