Legal Opinion

South Carolina Public Interest Foundation v. South Carolina Transportation Infrastructure Bank

Supreme Court of South Carolina

Decided June 12, 2013No. Appellate Case No. 2012-207128; Nos. 27266PublishedCited by 9 opinions

1Opinion of the CourtJustice Hearn

Edward D. Sloan and the South Carolina Public Interest Foundation1 (collectively, Sloan) instituted this suit in our original jurisdiction to determine whether the South Carolina Transportation Infrastructure Bank is constitutional. In particular, Sloan alleges Section 11-43-140 of the South Carolina Code (2011), which governs the composition of the Bank’s Board of Directors, violates both the dual office holding and the separation of powers prohibitions of the South Carolina Constitution. We find both challenges fail and that section 11-43-140 is constitutional.

FACTUAL/PROCEDURAL BACKGROUND

Th…

2Cases cited11 opinions

  1. Ashmore v. Greater Greenville Sewer Dist.Supreme Court of South Carolina · 1947
  2. ATC South, Inc. v. Charleston CountySupreme Court of South Carolina · 2008
  3. Sea Pines Ass'n for the Protection of Wildlife, Inc. v. South Carolina Department of Natural ResourcesSupreme Court of South Carolina · 2001
  4. State Ex Rel. McLeod v. McInnisSupreme Court of South Carolina · 1982
  5. Sloan Ex Rel. Resident, Taxpayer & Registered Elector v. Wilkins Ex Rel. S.C. House of RepresentativesSupreme Court of South Carolina · 2005

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3Cited by9 opinions

  1. Doe v. StateSupreme Court of South Carolina · 2017
  2. Found v. S.C. Dep't of Transp. & John V. WalshSupreme Court of South Carolina · 2017
  3. Jowers v. S.C. Dep't of Health & Envtl. ControlSupreme Court of South Carolina · 2018
  4. Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D.North Dakota Supreme Court · 2023
  5. Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D.North Dakota Supreme Court · 2023

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