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FAIRFIELD COUNTY v. STATE

No. 27035.

395 S.C. 276 (2011)

718 S.E.2d 210

BOARD OF TRUSTEES OF the SCHOOL DISTRICT OF FAIRFIELD COUNTY, Plaintiff/Joint Petitioner, v. STATE of South Carolina and Legislative Delegation of Fairfield County, Defendants, of whom Legislative Delegation of Fairfield County is Defendant/Joint Petitioner, and Glenn F. McConnell, in his representative capacity as President Pro Tempore of the South Carolina Senate and as representative thereof; Robert W. Harrell, Jr., as Speaker of the House of Representatives and as a representative of the South Carolina House of Representatives, Intervenors/Joint Petitioners.

Supreme Court of South Carolina.

Decided August 29, 2011.

Rehearing Denied October 20, 2011.

Attorney(s) appearing for the Case

Armand Derfner , D. Peters Wilborn, Jr. , and Jonathan S. Altman , all of Derfner, Altman & Wilborn, of Charleston, for Plaintiff/Joint Petitioner.

Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr. , both of Columbia, for Defendant.

Robert E. Stepp , Robert E. Tyson, Jr. , and Roland M. Franklin, Jr. , of Sowell, Gray, Stepp & Laffitte, all of Columbia, for Defendant/Joint Petitioner.

Michael R. Hitchcock , John P. Hazzard, V , and Kenneth M. Moffitt , all of Columbia, for Intervenor/Joint Petitioner Glen F. McConnell.

Bradley S. Wright and Charles F. Reid , both of Columbia, for Intervenor/Joint Petitioner Robert W. Harrell, Jr.

Justice KITTREDGE:

This case is before this Court in its original jurisdiction. Plaintiff Board of Trustees of the School District of Fairfield County (Board), Defendants State of South Carolina and the Legislative Delegation of Fairfield County (collectively, the State), and Defendant-Intervenors House of Representatives and the Senate (collectively, the General Assembly), jointly petition this Court to determine the constitutionality of Act 308 of the South Carolina...

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