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WHITESIDE v. CHEROKEE CTY. SCHOOL DIST.

No. 23833.

428 S.E.2d 886 (1993)

Wayne WHITESIDE, Patsy Price Whiteside and Jan Whiteside Quinn, Primary Appellants, and E.L. Tate, Jodean O. Lemmons, Jr., Eddie L. Gorski, and John S. Wheeler, Individually and In Behalf of Class Composed of Those Persons Owning Taxable Real and Personal Property in Cherokee County, South Carolina, as Intervening Petitioners, Secondary Appellants, v. CHEROKEE COUNTY SCHOOL DISTRICT NO. ONE, Mary H. Mostellar, Walter J. Smith, Gloria G. Rosemond, J. Arthur Bridges, Jr., James W. Brown, Sandra B. Greene, John A. Leazer, V. Stephen Moss, and Joe Dean Spencer, in their official capacities as member of the Board of Trustees of Cherokee County School District No. One, Respondents.

Supreme Court of South Carolina.

Decided April 5, 1993.

Rehearing Denied May 5, 1993.

Attorney(s) appearing for the Case

Dwight F. Patterson, Jr., of Perrin, Perrin, Mann & Patterson, Spartanburg, for primary appellants.

Paul R. Hibbard, of Johnson, Smith, Hibbard & Wildman, Spartanburg, for secondary appellants.

Kenneth L. Childs and David T. Duff, both of Childs & Duff, P.A., Columbia, for respondents.

FINNEY, Justice:

This appeal is from a circuit court declaratory judgment that a lease-purchase agreement contemplated by Respondents Cherokee County School District Number One (District), through its Board of Trustees (Board), is not within the scope of S.C.Code Ann. § 59-19-250 (1990) and does not require prior approval from the Cherokee County Council (Council). We affirm.

I. FACTS

Without prior approval of Council, the Board undertook consideration...

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