GILSTRAP v. S.C. BUDGET & CONTROL BOARD

23711

310 S.C. 210 (1992)

423 S.E.2d 101

James A. GILSTRAP, Jr., as natural guardian and next friend of Nicole L. Gilstrap, a minor; Judge W. Fair; Linda L. Bush; Sheila C. Gallager; Elaine Suddeth; Betty Morris; Patricia Thomas, personally and as natural guardian and next friend of Donald Carson, a minor; Brenda Rose wallace, personally and as natural guardian and next friend of Chartava Wallace, a minor; and Marlboro County School District, Plaintiffs v. SOUTH CAROLINA BUDGET AND CONTROL BOARD, Defendant. RICHLAND MEMORIAL HOSPITAL, Lexington Medical Center, Greenville Hospital System, Spartanburg Regional Medical Center, Loris Community Hospital, Anderson Memorial Hospital, South Carolina Hospital Association, and Carrie M. Cain, Plaintiffs v. The Honorable Carroll A. CAMPBELL, Jr., 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, Earl E. Morris, Jr., Comptroller General of the State of South Carolina, John Drummond, Chairman of the Finance Committee of the South Carolina Senate, and William D. Boan, Chairman of the Ways and Means Committee of the South Carolina House of Representatives, all as Ex-Officio Members of the State Budget and Control Board, Defendants. SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION, Plaintiff v. SOUTH CAROLINA BUDGET AND CONTROL BOARD, Defendant.

Supreme Court of South Carolina.

Decided August 10, 1992.

Rehearing Denied December 8, 1992.


Attorney(s) appearing for the Case

Richard Mark Gergel and W. Allen Nickles, III of Gergel, Burnette, Nickles & Grant, Columbia, for plaintiffs James A. Gilstrap, Jr., et al.

Michael W. Tighe, Steven M. Anastasion, and Louis H. Lang of Callison Tighe Robinson & Anastasion, Columbia, for plaintiffs Richland Memorial Hosp., et al.

Kenneth L. Childs, David E. Dubberly, and Geoffrey R. Bonham of Childs & Duff, P.A., Columbia, for plaintiffs South Carolina School Boards Ass'n.

Chief Deputy Atty. Gen. Joseph D. Shine, Columbia, for defendants South Carolina Budget and Control Bd., et al.

John Moylan, Columbia, for amicus curiae Nick A. Theodore, Lieutenant Governor and President of the South Carolina Senate, et al.

Sol. Wade S. Kolb, Jr., Sumter, for amicus curiae South Carolina Solicitors Ass'n.


Submitted June 5, 1992;

Decided Aug. 10, 1992.

Reh. Den. Dec. 8, 1992.

Per Curiam:

These actions for injunctive relief to prohibit the South Carolina Budget and Control Board (the Board) from implementing its proposed plan for budget reductions for the 1992-1993 fiscal year are in this Court's original jurisdiction by consent of the parties. We grant plaintiffs' request for injunctive relief.

On August 22, 1992, the Board adopted...

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