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TUCKER v. S.C.D.H.P.T.

23728

309 S.C. 395 (1992)

424 S.E.2d 468

John W. TUCKER, Jr., Plaintiff v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Defendant.

Supreme Court of South Carolina.

Decided October 14, 1992.

Attorney(s) appearing for the Case

Glenn W. Thomason, Anderson, for plaintiff.

Victor S. Evans, Chief Counsel, and Linda C. McDonald, Asst. Chief Counsel, Columbia, for defendant.

Edwin E. Evans, Chief Deputy Atty. Gen., Kenneth P. Woodington, Sr. Asst. Atty. Gen., Columbia, for State.

Heard Sept. 21, 1992.

Decided Oct. 14, 1992.

Per Curiam:

This case is before us in our original jurisdiction to determine the constitutionality of S.C. Code Ann. § 12-27-400 (Supp. 1991).

Section 12-27-400 governs use of the 2.66-cent-per-gallon gasoline tax earmarked as "C" construction funds and allows 75% of a county's apportionment of these funds to be expended for local paving and...

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