South Carolina Public Interest Foundation v. SCDOT

Docket Number27738
Decision Date14 September 2017

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14 cases
  • In re Del. Pub. Sch. Litig.
    • United States
    • Court of Chancery of Delaware
    • May 8, 2020
    ...an action" and the plaintiff was "capable of fully advocating his or her position in court"); S.C. Pub. Interest Found. v. S.C. Dept. of Transp. , 421 S.C. 110, 804 S.E.2d 854, 858 (2017) (permitting a plaintiff to sue under the doctrine of "public importance standing," which is intended to......
  • Adams v. McMaster
    • United States
    • South Carolina Supreme Court
    • October 7, 2020
    ...suffered a concrete or particularized injury in order to obtain public importance standing." S.C. Pub. Interest Found. v. S.C. Dep't of Transp. , 421 S.C. 110, 118, 804 S.E.2d 854, 858 (2017). The party also need not show that he has "an interest greater than other potential plaintiffs." Da......
  • South Carolina Public Interest Foundation v. Wilson
    • United States
    • South Carolina Supreme Court
    • September 14, 2022
    ...; Davis v. Richland Cnty. Council , 372 S.C. 497, 500, 642 S.E.2d 740, 741-42 (2007) ; S.C. Pub. Interest Found. v. S.C. Dep't of Transp. (SCDOT ), 421 S.C. 110, 118-19, 804 S.E.2d 854, 859 (2017)."The key to the public importance analysis is whether a resolution is needed for future guidan......
  • Murray v. Estate of Murray
    • United States
    • South Carolina Court of Appeals
    • January 19, 2022
    ...issue as to material fact and the moving party is entitled to judgment as a matter of law. S.C. Pub. Interest Found. v. S.C. Dep't of Transp. , 421 S.C. 110, 117, 804 S.E.2d 854, 858 (2017). "This Court reviews all ambiguities, conclusions, and inferences arising in and from the evidence in......
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12 books & journal articles
  • Rule 17. Parties Plaintiff and Defendant: Capacity
    • United States
    • South Carolina Rules Annotated (SCBar) (2020 Ed.) South Carolina Rules of Civil Procedure IV. Parties
    • Invalid date
    ...by statute; (2) "constitutional standing"; and (3) public importance standing. S.C. Pub. Interest Found. v. S.C. Dep't of Transportation, 421 S.C. 110, 117, 804 S.E.2d 854, 858 (2017). "A real party in interest ... is one who has a real, actual, material or substantial interest in the subje......
  • Rule 17. Parties Plaintiff and Defendant: Capacity
    • United States
    • South Carolina Rules Annotated (SCBar) (2021 Ed.) IV. Parties
    • Invalid date
    ...by statute; (2) "constitutional standing"; and (3) public importance standing. S.C. Pub. Interest Found. v. S.C. Dep't of Transportation, 421 S.C. 110, 117, 804 S.E.2d 854, 858 (2017). "A real party in interest ... is one who has a real, actual, material or substantial interest in the subje......
  • Rule 12. Defenses and Objections — when and How Presented — by Pleading or Motion—motion for Judgment on Pleadings
    • United States
    • South Carolina Rules Annotated (SCBar) (2019 Ed.) South Carolina Rules of Civil Procedure III. Pleadings and Motions
    • Invalid date
    ...a dispute or difference of a contingent, hypothetical or abstract character." S.C. Pub. Interest Found. v. S.C. Dep't of Transportation, 421 S.C. 110, 120, 804 S.E.2d 854, 860 (2017). "A threshold inquiry for any court is a determination of justiciability, i.e., whether the litigation prese......
  • Rule 56. Summary Judgment
    • United States
    • South Carolina Rules Annotated (SCBar) (2020 Ed.) South Carolina Rules of Civil Procedure VII. Judgment
    • Invalid date
    ...S.E.2d at 351. "However, the action must be one which will truly evade review." S.C. Pub. Interest Found. v. S.C. Dep't of Transportation, 421 S.C. 110, 121, 804 S.E.2d 854, 860 (2017). Comparative Negligence "Ordinarily, a comparison of the plaintiff's negligence with that of the defendant......
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