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TUCKER v. DEPT. OF HWYS. & PUB. TRANSP.

No. 24022.

442 S.E.2d 171 (1994)

John W. TUCKER, Jr., Petitioner, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANPORTATION, Respondent.

Supreme Court of South Carolina.

Decided March 7, 1994.

Attorney(s) appearing for the Case

Glenn W. Thomason and Nancy Jo Thomason, both of Thomason Law Firm, Anderson, for petitioner.

Atty. Gen., T. Travis Medlock, Chief Counsel Victor S. Evans and Asst. Chief Counsel Linda C. McDonald, Columbia, for respondent.

John J. Johnson, Paula G. Benson, W. Hogan Brown and Michael N. Couick, Columbia, for amicus curiae South Carolina Senate.

MOORE, Justice:

This case is before us in our original jurisdiction to determine whether S.C.Code Ann. § 12-27-400, as amended effective July 1, 1993, violates article I, § 8, of the South Carolina Constitution. We hold it does not.

Section 12-27-400 governs the use of "C" funds which are generated by a tax on all gasoline sold in this State. In 1992, plaintiff successfully challenged the former version of this statute as a violation of article I...

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