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BOATWRIGHT v. McELMURRAY

18455

247 S.C. 199 (1966)

146 S.E.2d 716

Lewis H. BOATWRIGHT, Jr., a taxpayer and resident of Aiken County and of The School District of Aiken County, individually and representing all other persons similarly situated, R.H. Holstein, Jr., a resident and taxpayer of that portion of Saluda County lying within the Monetta-Ridge Spring Attendance Area No. 5, individually and representing all other persons similarly situated, and Ray Rauton, a resident and taxpayer of that area of Edgefield County lying within the Monetta-Ridge Spring Attendance Area No. 5, individually and representing all other persons similarly situated, Appellants, v. J. George McELMURRAY, Chairman, C.T. Marsh, J.C. Busbee, J.P. Kneece, B.F. Gunnels, Jr., Raymond Barton, Robert H. Dicks, Gordan V. Munday, R.W. Boylston, constituting the board of Trustees of the School District of Aiken County, The State of South Carolina and Daniel R. McLeod, as Attorney General for the State of South Carolina, Respondents.

Supreme Court of South Carolina.

February 7, 1966.

Attorney(s) appearing for the Case

George H. Grant, Esq., of Aiken, for Appellants.

Messrs. Henry Busbee, of Aiken, Sinkler, Gibbs & Simons, of Charleston, and Daniel R. McLeod, Attorney General, of Columbia, for Respondents.

February 7, 1966.

BRAILSFORD, Justice.

This is a class action for declaratory judgment as to the validity of a three million dollar bond issue, which the defendant Board of Trustees of the School District of Aiken County proposes to sell to finance a school construction and renovation program, and as to the legality of the expenditure of a portion of the proceeds of the bonds outside of Aiken County but within a school attendance area composed of portions...

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