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BEAUFORT CTY. BD. OF ED. v. LIGHTHOUSE CHT.

No. 25583.

353 S.C. 24 (2003)

576 S.E.2d 180

BEAUFORT COUNTY BOARD OF EDUCATION, Respondent/Appellant, v. LIGHTHOUSE CHARTER SCHOOL COMMITTEE and State of South Carolina ex rel. Charles M. Condon, Attorney General, Appellants/Respondents.

Supreme Court of South Carolina.

Reheard December 4, 2002.

Decided January 27, 2003.

Attorney(s) appearing for the Case

George E. Mullen and Michael S. Seekings, both of Mullin, Wylie & Seekings, of Hilton Head, for appellant/respondent Lighthouse Charter School Committee.

Attorney General Charles M. Condon, Deputy Attorney General Treva G. Ashworth, and Assistant Deputy Attorney General J. Emory Smith, all of Columbia, for appellant/respondent State of South Carolina.

Kenneth L. Childs, William F. Halligan, John M. Reagle, and Keith R. Powell, all of Childs & Halligan; and Charles J. Boykin, of Duff, Turner, White & Boykin, L.L.C., all of Columbia, for respondent/appellant Beaufort County Board of Education.

Justice MOORE:

This appeal is from an order striking down as unconstitutional the racial composition requirement of S.C.Code Ann. § 59-40-50(B)(6) (Supp.2001), originally enacted as part of the Charter Schools Act of 1996, and finding it unseverable from the remainder of the Act. Because the legislature has substantially amended this provision, we vacate the order of the circuit court.

FACTS

In 1996, appellant/respondent Lighthouse Charter School...

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