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STATE EX REL. McLEOD v. RILEY

21456

276 S.C. 323 (1981)

278 S.E.2d 612

STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Plaintiff, v. Richard W. RILEY, Governor of the State of South Carolina, as ex officio Chairman and member of the State Budget and Control Board, Grady L. Patterson, Jr., Treasurer of the State of South Carolina, Earle E. Morris, Jr., Comptroller General of the State of South Carolina, Rembert C. Dennis, Chairman of the Finance Committee of the South Carolina Senate, and Tom G. Mangum, Chairman of the Ways and Means Committee of the South Carolina House of Representatives, as ex officio members of the State Budget and Control Board, Defendants, and STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Plaintiff, v. Richard W. RILEY, Governor of the State of South Carolina, as ex officio Chairman and member of the State Budget and Control Board, Grady L. Patterson, Jr., Treasurer of the State of South Carolina, Earle E. Morris, Jr., Comptroller General of the State of South Carolina, Rembert C. Dennis, Chairman of the Finance Committee of the South Carolina Senate, and Tom G. Mangum, Chairman of the Ways and Means Committee of the South Carolina House of Representatives, as ex officio members of the State Budget and Control Board, Defendants. (two cases).

Supreme Court of South Carolina.

May 20, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Frank K. Sloan, and Senior Asst. Atty. Gen. Karen L. Henderson, Columbia, for plaintiff.

M. William Youngblood, of Sinkler, Gibbs & Simons, Charleston, and John W. Foster, of Boyd, Knowlton, Tate & Finlay, Columbia, for defendants.

Kathleen E. Crum, of McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, amicus curiae for International Council of Shopping Centers.

W. Francis Marion and Joseph J. Blake, Jr., both of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, amicus curiae for Greater Greenville Chamber of Commerce and Spartanburg Area Chamber of Commerce.

May 20, 1981.

Per Curiam:

These actions are brought in the original jurisdiction of this Court under the Uniform Declaratory Judgments Act, Sections 15-53-10 et seq., Code of Laws of South Carolina (1976) by the State of South Carolina on the relation of the Attorney General in order to determine the constitutionality of certain bond authorizations.

The first action challenges Section 6 of Act 518 of 1980, to the extent that it authorizes...

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