SLOAN v. DEPARTMENT OF TRANSP.

No. 26014.

365 S.C. 299 (2005)

618 S.E.2d 876

Edward D. SLOAN, Jr., individually and as a Citizen, Resident, Taxpayer, and Registered Elector of the State of South Carolina, and on behalf of all others similarly situated, Petitioner, v. The DEPARTMENT OF TRANSPORTATION, an Agency of South Carolina, and the Commission of the Department of Transportation, Robert W. Harrell, John N. Hardee, Eugene Stoddard, F. Hugh Atkins, B. Bayles Mack, L. Morgan Martin, and J.M. Truluck, in their capacities as Commissioners thereof, Respondents.

Supreme Court of South Carolina.

Decided July 25, 2005.

Rehearing Denied September 22, 2005.


Attorney(s) appearing for the Case

Jennifer J. Miller and James G. Carpenter, both of The Carpenter Law Firm, P.C., of Greenville, for Petitioner.

Franklin J. Smith, Jr., of Richardson, Plowden, Carpenter & Robinson, P.A., of Columbia, and William A. Coates, of Roe Cassidy Coates & Price, P.A., of Greenville, for Respondents.


Justice WALLER:

We granted a writ of certiorari to review Sloan v. Dep't of Transp., Op. No. 2003-UP-416 (S.C. Ct.App. filed June 19, 2003), in which the Court of Appeals found appellant Edward Sloan (Sloan) lacked standing to bring these actions challenging the procurement procedure used by the Department of Transportation (DOT) to award construction contracts. We reverse the Court of Appeals on the standing issue and the circuit court on the merits.

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