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HODGES v. RAINEY

No. 25149.

341 S.C. 79 (2000)

533 S.E.2d 578

Jim HODGES, Governor of the State of South Carolina, Petitioner, v. John S. RAINEY, former Member and Chairman of the Board of Directors of the South Carolina Public Service Authority, Respondent.

Supreme Court of South Carolina.

Decided June 12, 2000.

Attorney(s) appearing for the Case

Chief Legal Counsel Jim O. Stuckey, II, of the Office of the Governor, of Columbia, and Susan Taylor Wall, of Nexsen, Pruet, Jacobs, Pollard & Robinson, LLP, of Charleston, for petitioner.

William C. Hubbard, Dwight F. Drake and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for respondent.

TOAL, Justice:

Governor Jim Hodges ("Governor Hodges") initiated this action in the original jurisdiction of this Court pursuant to Rule 229, SCACR to clarify his authority to remove members of the Board of Directors of the South Carolina Public Service Authority ("Santee Cooper") pursuant to S.C.Code Ann. § 1-3-240(B) (Supp.1998).

FACTS/PROCEDURAL BACKGROUND

In 1993, the South Carolina General Assembly adopted the Restructuring Act, which provided...

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