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AIKEN COUNTY BD. OF EDUCATION v. KNOTTS

21112

274 S.C. 144 (1980)

262 S.E.2d 14

In re AIKEN COUNTY BOARD OF EDUCATION (Ex Officio, Trustees of Consolidated School District of Aiken County), Appellant, v. William KNOTTS, Gilbert A. McMillan, Tom Turnipseed, Nikki Setzler, Irene K. Rudnick, Cecil Collins, Marion McGowan, Judson Busbee, and William A. Reel, Jr., in their capacity as members of the Senate and/or House of Representatives of the State of South Carolina, and constituting the Legislative Delegation for Aiken County, South Carolina, Respondents.

Supreme Court of South Carolina.

January 9, 1980.

Attorney(s) appearing for the Case

William H. Burkhalter, Jr., North Augusta, for appellant.

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. C. Tolbert Goolsby, Jr., Asst. Atty. Gen. Treva G. Ashworth and Staff Atty. James M. Holly, Columbia, for respondents.

January 9, 1980.

RHODES, Justice:

This action was commenced by the Aiken County Board of Education (Board) against the Aiken County Legislative Delegation (Legislative Delegation) seeking declaratory relief from alleged unconstitutional portions of Section 21-1038.6, South Carolina Code (1962)1 asserted to be violative of the separation of powers provision (Article I, Section 8) of the South Carolina Constitution. We reverse the...

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