Archive for the ‘2020 Opinion’ Category

February 25, 2020

Opinion addressing several questions regarding the impact of the 2006 Property Tax Reform Act on school funding in Spartanburg County.

 

Requested by The Honorable Edward R. Tallon, Member, South Carolina House of Representatives.

 

Read full opinion.

February 25, 2020

Opinion on the scope of authority of the South Carolina Department of Health and Environmental Control to conduct certain reviews under regulations promulgated pursuant to the Health Care Cooperation Act (S.C. Code Ann. Sections 44-7-500 through 44-7-590).

 

Requested by W. Marshall Taylor, Jr., General Counsel, South Carolina Department of Health and Environmental Control.

 

Read full opinion.

February 20, 2020

Opinion on dual office holding (police officer also serving as a commissioned member of the Greenville County DEU).

 

Requested by Wesley Vorberger, General Counsel, Greenville County Sheriff’s Office.

 

Read full opinion.

February 18, 2020

Opinion on whether Section 59-32-30(A)(5) would pass constitutional muster under the Equal Protection Clause.

 

Requested by The Honorable Molly M. Spearman, State Superintendent of Education.

 

Read full opinion.

February 14, 2020

Opinion on whether a fee paid to a 3rd party chosen by the consumer to facilitate a payment on a consumer credit transaction is a charge imposed by the creditor under the South Carolina Consumer Protection Code.

 

Requested by The Honorable Bill Sandifer, Member, South Carolina House of Representatives.

 

Read full opinion.

February 7, 2020

Opinion on whether a county may prohibit a municipality from requiring annexation as a prerequisite for obtaining sewer service in unincorporated areas.

 

Requested by Jennifer C. Blumenthal, Esquire, Attorney for the Commissioners of Public Works of the City of Charleston.

 

Read full opinion.

January 31, 2020

Opinion on whether intramuscular therapy is within the scope of practice of chiropractic as established by the General Assembly.

 

Requested by Melina Mann, General Counsel, South Carolina Department of Labor Licensing and Regulation.

 

Read full opinion.

January 28, 2020

Opinion on whether Section 56-5-1520(A) of the South Carolina Code requires a collision or contact with a moving object in order for a driver to be cited for driving too fast for conditions.

 

Requested by The Honorable Jeffrey P. Bloom, Magistrate for Calhoun County.

 

Read full opinion.

January 24, 2020

Opinion on preliminary hearings per Rule 2(a) of the South Carolina Rules of Criminal Procedure.

 

Requested by The Honorable Robert N. Clariday, Magistrate, Orangeburg County.

 

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January 24, 2020

Opinion on the collection of fees by South Carolina clerks of court for copies of court records requested by parties to a case or other representatives.

 

Requested by Mr. Robert L. McCurdy, Deputy Director, South Carolina Court Administration.

 

Read full opinion.

January 21, 2020

Opinion regarding what projects may be funded by developmental impact fees and whether proportionate share calculations for different types of land uses violates equal protection under the South Carolina and federal constitutions.

 

Requested by The Honorable Micajah P. Caskey, Member, South Carolina House of Representatives.

 

Read full opinion.

January 15, 2020

Opinion interpreting Section 7-5-170 requiring that an individual need only provide the last 4 digits of their social security number in order to register to vote.

 

Requested by The Honorable J. Michelle Childs, Judge, United States District Court, South Carolina.

 

Read full opinion.

January 14, 2020

Opinion on whether or not a non-profit charitable organization can provide visions screenings and/or eye examinations to students in and at Title I schools located in South Carolina.

 

Requested by The Honorable Brad Hutto, Member, South Carolina Senate and The Honorable Murrell Smith, Member, South Carolina House of Representatives.

 

Read full opinion.

January 10, 2020

Opinion regarding what appraisal methods are permissible for the valuation of golf courses under S.C. Code, Section 12-43-365.

 

Requested by The Honorable Bart T. Blackwell, Member, South Carolina House of Representatives.

 

Read full opinion.

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