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SLOAN v. HARDEE

No. 26242.

371 S.C. 495 (2007)

640 S.E.2d 457

Edward D. SLOAN, Jr., individually, and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Petitioner, v. John N. HARDEE, Robert W. Harrell, John Moultrie "Moot" Truluck, Respondents.

Supreme Court of South Carolina.

Decided January 8, 2007.

Rehearing Denied February 7, 2007.

Attorney(s) appearing for the Case

James G. Carpenter, of Greenville, for Petitioner.

A. Camden Lewis, Keith M. Babcock, Ariail E. King, and Linda C. McDonald, all of Columbia, E. LeRoy Nettles, Sr., and Marian D. Nettles, of Lake City, Gedney M. Howe, III, of Charleston, Keith D. Munson, of Greenville, and S. Jahue Moore, of W. Columbia, for Respondents.

Justice WALLER:

We accepted this matter in our original jurisdiction to address whether Respondents, Commissioners for the South Carolina Department of Transportation (DOT), were appointed in violation of S.C.Code Ann. § 57-1-330(A)(2006).

FACTS

Hardee, Harrell and Truluck are DOT Commissioners. Hardee was appointed to a four-year term, to be served from February 18, 1998 to February 15, 2002. In June...

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