Sloan v. Hardee, No. 26242.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtWaller
Citation640 S.E.2d 457
PartiesEdward D. SLOAN, Jr., individually, and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Petitioner, v. John N. HARDEE, Robert W. Harrell, John Moultrie "Moot" Truluck, Respondents.
Docket NumberNo. 26242.
Decision Date08 January 2007
640 S.E.2d 457
Edward D. SLOAN, Jr., individually, and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Petitioner,
v.
John N. HARDEE, Robert W. Harrell, John Moultrie "Moot" Truluck, Respondents.
No. 26242.
Supreme Court of South Carolina.
Heard November 2, 2006.
Decided January 8, 2007.
Rehearing Denied February 7, 2007.

[640 S.E.2d 458]

James G. Carpenter, of Greenville, for Petitioner.

A. Camden Lewis, Keith M. Babcock, Ariail E. King, and Linda C. McDonald, all of Columbia, E. LeRoy Nettles, Sr., and Marian D. Nettles, of Lake City, Gedney M. Howe, III, of Charleston, Keith D. Munson, of Greenville, and S. Jahue Moore, of W. Columbia, for Respondents.

Justice WALLER:


We accepted this matter in our original jurisdiction to address whether Respondents, Commissioners for the South Carolina Department of Transportation (DOT), were appointed in violation of S.C.Code Ann. § 57-1-330(A)(2006).

FACTS

Hardee, Harrell and Truluck are DOT Commissioners. Hardee was appointed to a four-year term, to be served from February 18, 1998 to February 15, 2002. In June 2001, his legislative delegation re-elected him to serve a second term, from February 2002 until August 2002. Thereafter, in May 2002, his legislative delegation re-elected him to serve as DOT Commissioner from August 15, 2002 to August 15, 2006. In January 2005, Hardee was re-elected to serve from August 2006 until August 2010.

Harrell was elected in May 1999 to serve as DOT Commissioner from February 2000 until February 15, 2004. He has been re-elected to serve from February 15, 2004 through February 15, 2008.

Truluck was elected to serve his first term as DOT Commissioner from February 15, 1998 until February 15, 2002. He served in a hold-over capacity until May 15, 2002, at which time he was re-elected to serve from May 15, 2002 through May 15, 2006.

Petitioners, Sloan and the South Carolina Public Interest Foundation, instituted this complaint for declaratory and injunctive relief, contending the Commissioners were serving in violation of SC Code Ann. §§ 57-1-320(B) and 57-1-330(A). We accepted the matter in our original jurisdiction.1

DISCUSSION

Title 57 of the South Carolina Code establishes the DOT and sets up transportation districts in accord with state congressional districts. S.C.Code Ann. § 57-1-310 (2006) requires the DOT Commission to be composed of one member from each transportation district elected by the delegations of each congressional district, and one at-large member appointed by the Governor. This section further requires that "[s]uch elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State." S.C.Code Ann. § 57-1-320 (2006), entitled, "County divided among two or more districts; consecutive terms limited; limit on commissioners from same county," states, in pertinent part:

(B) No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously except as provided hereinafter.

(Emphasis supplied). Section 57-1-330 provides:

All commission members must serve for a term of office of four years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold over capacity for a period not to exceed six months.... No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment,

640 S.E.2d 459

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72 practice notes
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • 23 Octubre 2008
    ...no statutory construction and should be applied by the court according to their literal meaning. Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007); Croft v. Old Republic Ins. Co., 365 S.C. 402, 412, 618 S.E.2d 909, 914 (2005); Carolina Power & Light Co. v. City of Bennettsville......
  • Found v. S.C. Dep't of Transp. & John V. Walsh, Appellate Case No. 2015-001175
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Septiembre 2017
    ...importance standing to challenge SCDOT's alleged misuse of a statutory emergency procurement provision); Sloan v. Hardee, 371 S.C. 495, 640 S.E.2d 457 (2007) (applying public importance standing to decide whether certain SCDOT Commissioners were lawfully appointed); Sloan v. Wilkins, 362 S.......
  • Found v. S.C. Dep't of Transp. & John V. Walsh, Opinion No. 27738.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Septiembre 2017
    ...importance standing to challenge SCDOT's alleged misuse of a statutory emergency procurement provision); Sloan v. Hardee, 371 S.C. 495, 640 S.E.2d 457 (2007) (applying public importance standing to decide whether certain SCDOT Commissioners were lawfully appointed); Sloan v. Wilkins, 362 S.......
  • Smith v. Tiffany, Appellate Case No. 2015-001159
    • United States
    • United States State Supreme Court of South Carolina
    • 26 Abril 2017
    ...meaning ’ " and "if the words are unambiguous, we must apply their literal meaning." (quoting Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007) )). We acknowledge that achieving a more fair apportionment of damages among joint tortfeasors was one of the policy goals underlying ......
  • Request a trial to view additional results
72 cases
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • 23 Octubre 2008
    ...no statutory construction and should be applied by the court according to their literal meaning. Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007); Croft v. Old Republic Ins. Co., 365 S.C. 402, 412, 618 S.E.2d 909, 914 (2005); Carolina Power & Light Co. v. City of Bennettsville......
  • Found v. S.C. Dep't of Transp. & John V. Walsh, Appellate Case No. 2015-001175
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Septiembre 2017
    ...importance standing to challenge SCDOT's alleged misuse of a statutory emergency procurement provision); Sloan v. Hardee, 371 S.C. 495, 640 S.E.2d 457 (2007) (applying public importance standing to decide whether certain SCDOT Commissioners were lawfully appointed); Sloan v. Wilkins, 362 S.......
  • Found v. S.C. Dep't of Transp. & John V. Walsh, Opinion No. 27738.
    • United States
    • United States State Supreme Court of South Carolina
    • 14 Septiembre 2017
    ...importance standing to challenge SCDOT's alleged misuse of a statutory emergency procurement provision); Sloan v. Hardee, 371 S.C. 495, 640 S.E.2d 457 (2007) (applying public importance standing to decide whether certain SCDOT Commissioners were lawfully appointed); Sloan v. Wilkins, 362 S.......
  • Smith v. Tiffany, Appellate Case No. 2015-001159
    • United States
    • United States State Supreme Court of South Carolina
    • 26 Abril 2017
    ...meaning ’ " and "if the words are unambiguous, we must apply their literal meaning." (quoting Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007) )). We acknowledge that achieving a more fair apportionment of damages among joint tortfeasors was one of the policy goals underlying ......
  • Request a trial to view additional results

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