MYERS v. PATTERSON

No. 23885.

433 S.E.2d 841 (1993)

William C. MYERS, Edward T. McMullen, Jr., and the South Carolina Policy Council Education Foundation, Plaintiffs, v. Grady L. PATTERSON, Jr., State Treasurer of South Carolina, W.H. Alford, T.C. Atkinson, C.T. Brooks, Sr., V.C. Caggiano, Jr., V.L. Chapman, T.A. Drayton, J.C. Harden, R.W. Harrell, Sr., W.B. Harvey, Jr., A.B. McLeod, Jr., F.S. McWhirter, J. Mullinax, R.B. Ness, J.K. Newsom, Sr., W.M. Self, H.C. Shealy, D.E. Wilder, F.L. Willis, constituting the South Carolina Highways and Public Transportation Commission, and Walker P. Ragin, Executive Director, Defendants.

Supreme Court of South Carolina.

Decided July 6, 1993.

Rehearing Denied August 17, 1993.


Attorney(s) appearing for the Case

Scott Elliott and Charles L.A. Terreni, Columbia, for plaintiffs.

Chief Counsel Victor S. Evans and Asst. Chief Counsel Linda C. McDonald both of the South Carolina Dept. of Highways and Public Transp., Columbia, for defendant Comm'rs and Executive Director.

Chief Deputy Attys. Gen. Joseph D. Shine and Edwin E. Evans, and Asst. Atty. Gen. J. Emory Smith, Jr., Columbia, for defendant State Treasurer.


HARWELL, Chief Judge:

The plaintiffs, as taxpayers, allege that an appropriation of gasoline tax revenue contained in the 1992 Appropriation Act violates the constitution by diverting the funds to a purpose other than that for which they were collected. We find no constitutional violation and enter judgment accordingly.

I. FACTS

In 1987, the Legislature levied additional gasoline taxes for the purpose of funding the Strategic Highway Plan...

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