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TALLEY v. S.C. HIGHER ED. TUITION GRANTS COMMITTEE

22591

289 S.C. 483 (1986)

347 S.E.2d 99

Joseph A. TALLEY, Appellant-Respondent v. SOUTH CAROLINA HIGHER EDUCATION TUITION GRANTS COMMITTEE and Edward M. Shannon, III, as Director, Respondents-Appellants.

Supreme Court of South Carolina.

Decided July 7, 1986.

Attorney(s) appearing for the Case

William O. Pressley, Jr., and Judson K. Chapin, III of Perrin, Perrin, Mann & Patterson, Spartanburg, for appellant-respondent.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Charles W. Gambrell and Staff Atty. William Edgar Salter, III, Columbia, for respondents-appellants.

Jay Bender of Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, and C. William Taylor, of Sachs, Greenebaum & Taylor, Washington, D.C., for Association of Independent Colleges and Schools, and amicus curiae.

Heard June 3, 1986.

Decided July 7, 1986.

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...

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