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CHARLESTON COUNTY SCHOOL DIST. v. HARRELL

No. 27011.

393 S.C. 552 (2011)

713 S.E.2d 604

CHARLESTON COUNTY SCHOOL DISTRICT, Appellant, v. Robert W. HARRELL, in his official capacity as Speaker of the S.C. House of Representatives, Ken Ard in his official capacity as President of the S.C. Senate, Nikki R. Haley in her official capacity as Governor of the State of South Carolina, and the State of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided July 25, 2011.

Attorney(s) appearing for the Case

Armand Derfner and D. Peters Wilborn, Jr. , of Derfner, Altman & Wilborn, both of Charleston, for Appellant.

Attorney General Alan Wilson , Assistant Deputy Attorney General J. Emory Smith, Jr. , of Office of the Attorney General; Bradley S. Wright , Charles F. Reid , Michael R. Hitchcock , and Kenneth M. Moffitt , all of Columbia, for Respondents.

Justice HEARN:

Charleston County School District (School District) appeals from the circuit court's order granting a Rule 12(b)(6), SCRCP, motion to dismiss its complaint alleging the unconstitutionality of Act. No. 189 of 2005 (Act 189), as well as its decision to dismiss the Governor as a party to this action.1 Although we affirm the circuit court's dismissal of the Governor, we find School...

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