Talley v. South Carolina Higher Education Tuition Grants Committee

Gregory, Justice:

In this action, appellant Joseph A. Talley sought to have Section 18 of the 1985 General Appropriations Act [Act 201 of 1985] (GAA) declared unconstitutional. The Circuit Court declared Section 18 unconstitutional under the Equal Protection Clauses of both the federal and state constitutions; however, he failed to order the Tuition Grants Committee (the Committee) to consider Talley’s application. Both parties appeal. We reverse in part and dismiss in part.

I. The Committee’s Appeal

This action was commenced after the Committee refused to consider Talley’s application for a…