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SLOAN v. DEPARTMENT OF TRANSP.

No. 26534.

379 S.C. 160 (2008)

666 S.E.2d 236

Edward D. SLOAN, Jr., individually and on behalf of all others similarly situated, Appellant, v. The DEPARTMENT OF TRANSPORTATION, an agency of the State of South Carolina and the Commission of the Department of Transportation, Tee Hooper, Jr., Robert W. Harrell, John N. Hardee, Marion P. Carnell, William C. Turner, Bobby T. Jones, and J.M. Truluck, in their official capacities as Commissioners thereof, Respondents.

Supreme Court of South Carolina.

Decided August 25, 2008.

Attorney(s) appearing for the Case

James G. Carpenter and Jennifer J. Miller, of The Carpenter Law Firm, of Greenville, for Appellant.

Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, of Carpenter Appeals and Trial Support, of Columbia, for Respondents.

Justice WALLER.

Appellant, Edward D. Sloan, Jr., filed a declaratory judgment action challenging respondents'1 decision to authorize an emergency procurement on a construction project in Charleston County. This is a direct appeal from the trial court's grant of summary judgment in favor of the DOT.2 We reverse and remand.

FACTS

In 2000, the DOT procured...

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