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JACKSON v. SANFORD

No. 26918.

398 S.C. 580 (2011)

731 S.E.2d 722

Darrick JACKSON, as Mayor of the Town of Timmonsville, Petitioner, v. Mark SANFORD, Governor of the State of South Carolina and as Chairman and Ex-Officio Member of the State Budget and Control Board; Converse Chellis, Treasurer of the State of South Carolina, Richard Eckstrom, Comptroller General of the State of South Carolina, Hugh Leatherman, Chairman of the Finance Committee of the South Carolina Senate, Daniel T. Cooper, Chairman of the Ways and Means Committee of the South Carolina House of Representatives, as Ex-Officio Members of the State Budget and Control Board; Frank Fusco, Executive Director of the State Budget and Control Board; Glenn F. McConnell, President Pro Tempore of the South Carolina Senate; and Robert W. Harrell, Jr., Speaker of the South Carolina House of Representatives, Respondents.

Supreme Court of South Carolina.

Decided January 24, 2011.

Attorney(s) appearing for the Case

James Emerson Smith, Jr. , and Debra Sherman Tedeschi , both of Columbia, for Petitioner.

Kevin A. Hall , Karl S. Bowers, Jr. , and M. Todd Carroll , all of Columbia, for Respondents Sanford and Eckstrom.

William F. Cotty , and Donald E. Jonas , both of Columbia, for Respondent Chellis.

Robert E. Stepp , Roland M. Franklin, Jr. , and Tina M. Cundari , all of Sowell, Gray, Stepp & Laffitte, of Columbia, for Respondent Leatherman.

C. Mitchell Brown , and Michael J. Anzelmo , both of Nelson, Mullins, Riley & Scarborough, of Columbia, for Respondents Harrell and Cooper.

Vance J. Bettis , of Gignilliat, Savitz & Bettis, of Columbia, for Respondent Fusco.

Michael R. Hitchcock , John P. Hazzard, V , and Kenneth M. Moffitt , all of Columbia, for Respondent McConnell.

Justice KITTREDGE:

Petitioner Darrick Jackson, Mayor of the Town of Timmonsville, brought this action seeking a declaratory judgment in the Court's original jurisdiction that Governor Sanford's veto of certain appropriations to the State Budget and Control Board was unconstitutional.1 Petitioner also challenged the Board's use of certain budget provisos to transfer funds out of the Rural Infrastructure Bank Trust Fund in order to cover...

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