ANDERSON CTY. SCH. DIST. 1 v. ANDERSON CTY. BD. OF ED.

1265

296 S.C. 260 (1988)

371 S.E.2d 807

ANDERSON COUNTY SCHOOL DISTRICT 1, Appellant v. ANDERSON COUNTY BOARD OF EDUCATION; Fred G. Dobbins, G. Hugh Durham, E.J. Wright, Jr., William R. Clary, Jr., Curtis W. Pennington, G. Mell Gerrard, J.M. Wingo, in their Official Capacities as Members of the Anderson County Board of Education; and Millard G. Smith, Executive Secretary of the Anderson County Board of Education, Respondents.

Court of Appeals of South Carolina.

Decided August 1, 1988.


Attorney(s) appearing for the Case

Kenneth L. Childs, David T. Duff of Childs, Duff & Hardin, Columbia, and H. Grady Kirven of Watkins, Vandiver, Kirven, Gable & Gray, Anderson, for appellant.

Robert L. Waldrep, Jr., Harold R. Lowery and Richard E. Thompson of Lowery, Hood & Thompson, Anderson, for respondents.


Heard April 20, 1988.

Decided August 1, 1988.

CURETON, Judge:

Anderson County School District 1 sought a writ of mandamus to require the Anderson County Board of Education to approve and sign school warrants necessary to disburse school building fund monies from the office of the Treasurer of Anderson County. The County Board of Education refused to execute the warrants claiming it had discretion to withhold...

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