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PUBLIC INT. v. TRANSP. INFRASTRUCTURE

Nos. 27266.

403 S.C. 640 (2013)

744 S.E.2d 521

SOUTH CAROLINA PUBLIC INTEREST FOUNDATION and Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Petitioners, v. SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, Robert W. Harrell, Jr., in his official capacity as Speaker of the S.C. House of Representatives, John E. Courson in his official capacity as President Pro Tempore of the S.C. Senate, and the State of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided June 12, 2013.

Attorney(s) appearing for the Case

L. Warren Clayton, III and James G. Carpenter , both of Carpenter Law Firm, PC, of Greenville, for Petitioners.

Robert E. Stepp , Robert E. Tyson, Jr. , Alexis K. Lindsay , all of Sowell, Gray, Stepp, & Laffitte, LLC, of Columbia, Attorney General Alan M. Wilson , Deputy Attorney General Robert D. Cook , and Assistant Deputy Attorney General J. Emory Smith, Jr. , all of Columbia, Kenneth M. Moffitt , John P. Hazzard, V , and Michael R. Hitchcock , all of Columbia, Charles Fennell Reid and Bradley Scott Wright , both of Columbia, for Respondents.

Justice HEARN.

Edward D. Sloan and the South Carolina Public Interest Foundation1 (collectively, Sloan) instituted this suit in our original jurisdiction to determine whether the South Carolina Transportation Infrastructure Bank is constitutional. In particular, Sloan alleges Section 11-43-140 of the South Carolina Code (2011), which governs the composition of the Bank's Board of Directors, violates both the dual office holding and the...

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